PAULINO NUNEZ, APPELLANT,
v.
CITY OF HIALEAH AND DAVID LEAHY, APPELLEE
PAULINO NUNEZ, APPELLANT,
CITY OF HIALEAH AND DAVID LEAHY, APPELLEE
477 So. 2d 655
Florida District Court of Appeal, Third District (1985)
Caution
Cited by 14 cases
Opinion of the Court
PER CURIAM.
The order under review is reversed and the cause remanded with directions to enjoin the scheduled election on a proposed City of Hialeah charter amendment, see State ex rel. Landis v. Tedder, 106 Fla. 140, 143 So. 148 (1932); City of Miami Beach v. Herman, 346 So. 2d 122 (Fla. 3d DCA 1977), because, as in the identical and controlling case of City of Miami v. Rolle, 446 So. 2d 1134 (Fla. 3d DCA 1984), the city did not comply with the time frame required by § 5.03A of the Dade County Home Rule Charter. No motion for rehearing will be entertained and the mandate will issue forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
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Humphries v. State, 563 So. 2d 1124 (Fla. 2d DCA 1990)…e was offered, and agreed to, a plea bargain calling for a maximum sentence of seven years. In fact, he received a seventeen-year sentence. If these allegations are true Hum-phries might be entitled to withdraw the plea. See, e.g., Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985). The trial court, in its order denying the motion, correctly states that a plea offer from the state is not binding upon the trial judge. Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984). However, while a defendant may have no…
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Mantle v. State, 592 So. 2d 1190 (Fla. 5th DCA 1992)…that he would get gain time); Kirkman v. State, 559 So. 2d 695 (Fla. 3d DCA), rev. denied, 574 So. 2d 143 (Fla.1990) (plea bargain contemplated defendant’s eligibility for M.D.S.O. program but sentence imposed made him ineligible); Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985) (trial attorney erroneously told defendant his maximum sentence would be 5 years; he was sentenced to 15 years); Dominquez v. State, 432 So. 2d 799 (Fla. 2d DCA 1983) (there was “confusion” as to the plea bargain). In this case,…
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Gerrard D. Jones v. State, 602 So. 2d 694 (Fla. 2d DCA 1992)…more than two years. In fact, his sentence is thirty months followed by probation. If Jones’s allegation is true, the voluntary character of his plea would be called into question, and Jones might be entitled to withdraw that plea. Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985). The record before us is not sufficient to refute this claim. Accordingly, we reverse for further proceedings on the question whether Jones’s plea was motivated by an unfulfilled promise of leniency. After remand the trial court…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Honorable George W. Tedder, 106 Fla. 140 (Fla. 1932)
- City OF Miami Beach v. Herman, 346 So. 2d 122 (Fla. 3d DCA 1977)
- The City OF Miami v. Wellington Rolle and Alcides I. De Los Reyes, 446 So. 2d 1134 (Fla. 3d DCA 1984)
- Josey Wales Balboa v. State, 446 So. 2d 1134 (Fla. 3d DCA 1984)