RICHARD DEAN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD DEAN DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
473 So. 2d 753
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Richard Davis appeals from an order of probation and an order denying his motion to correct sentence. We reverse on the authority of Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982). The special conditions of probation imposed were not contemplated by the plea agreement pursuant to which the defendant pled guilty. Accordingly, we reverse the judgment and imposition of probation and remand with instructions that appellant either be permitted .to withdraw his plea of guilty or that appellant be resentenced within the parameters of the plea agreement.
HERSEY, C.J., and LETTS and BARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Geiger v. State, 532 So. 2d 1298 (Fla. 2d DCA 1988)…ce abuse problem,2 the order placing Geiger on probation does not comport with the parties’ plea agreement which the trial court approved. Accordingly, the trial court erred when it refused to permit Geiger to withdraw her pleas. See Davis v. State, 473 So. 2d 753 (Fla. 4th DCA 1985); Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982); see also Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983) (court should be liberal in exercising its discretion in permitting a defendant to withdraw a guilty plea). We…
-
Goodwin v. State, 477 So. 2d 1089 (Fla. 4th DCA 1985)…argained for. Accordingly, we reverse his judgment and sentence and remand this cause to the trial court with directions to permit Goodwin to withdraw his guilty plea or be resentenced within the parameters of the plea agreement. See Davis v. State, 473 So. 2d 753 (Fla. 4th DCA 1985); Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982). REVERSED AND REMANDED. DOWNEY and BARKETT, JJ., concur. DELL, J., dissents without opinion.…
Authorities Cited
- Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982)