GEORGE ASBURY WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's plea agreement was breached when the trial judge imposed community control instead of the agreed-upon probation; the court vacated the sentence and remanded for the opportunity to withdraw the plea.
When a plea agreement is not honored due to mistake, inadvertence, or change in the trial judge's approval, the defendant must be given the opportunity to withdraw the plea before sentencing.
[1] When a plea agreement is not honored through mistake, inadvertence, or change of the trial judge's approval, the defendant must be afforded the opportunity to withdraw th…
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Join FLexlaw to unlock all legal intelligenceWhite pleaded nolo contendere to aggravated battery and assault, and guilty to possession of a controlled substance, with an understanding he would re…
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RYDER, Chief Judge.
Appellant pleaded nolo contendere to the charges of aggravated battery and aggravated assault and guilty to the charge of possession of a controlled substance with the understanding that he would receive probation and no more than six months incarceration. The trial judge, however, after reviewing the presentenee investigation report, sentenced appellant to two years of community control on each charge, to run concurrently.
Appellant’s plea agreement was not honored when he was sentenced to community control instead of probation. Community control is a more severe sanction than probation. Stranigan v. State, 457 So. 2d 546 (Fla. 2d DCA 1984). When the plea agreement was not honored through mistake, inadvertence or change of the trial judge’s approval of the agreement, appellant should have been given the opportunity to withdraw his plea before sentencing. Stranigan; Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983); Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983); Freeman v. State, 376 So. 2d 294 (Fla. 2d DCA 1979).
Accordingly, the judgments and sentences are vacated and set aside and this case is remanded to the trial court to allow appellant the opportunity to withdraw his pleas.
OTT and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 376 So. 2d 294 (Fla. 2d DCA 1979)
- Stranigan v. State, 457 So. 2d 546 (Fla. 2d DCA 1984)
- Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983)
- Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983)