JOHN W. WALDON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Withdrawal Of Guilty Plea cases and more on FLexlaw
COWART, Judge.
Relying on advice of his defense counsel as to the proper sentencing guideline scoring of his prior criminal record, the defendant entered into a plea agreement. After being sentenced in accordance with the plea agreement, defendant appeals claiming that under a proper calculation, his recommended guideline sentence is less than that to which he agreed. Rather than appealing, the defendant should have moved the trial court to withdraw his plea1 or move to vacate under Florida Rule of Criminal Procedure 3.850. See § 924.06(3), Fla.Stat.; Fla.R.Crim.P. 3.172(c)(iv); Fla.R.App.P. 9.140(b)(1); Stinson v. State, 448 So. 2d 1240 (Fla. 5th DCA 1984). See also McGinty v. State, 463 So. 2d 495 (Fla. 2d DCA 1985); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981).
This appeal is dismissed without prejudice to defendant’s right to seek an appropriate remedy.
DISMISSED.
COBB, C.J., and ORFINGER, J., concur. . Of course, if the defendant is permitted to withdraw his plea the State will be released from its agreement to nolle prosequi other charges and to recommend the sentence imposed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
White v. State, 489 So. 2d 115 (Fla. 1st DCA 1986)…as the intent of the parties to this agreement that appellant should be sentenced in accordance with the guidelines and that this sentence could be up to a maximum of five years. Recently, the Fifth District Court of Appeal decided Waldon v. State, 483 So. 2d 101 (Fla. 5th DCA 1986). In that case, the defendant entered into a plea agreement with the state relying on the advice of his counsel as to the proper sentence under the guidelines. The defendant was sentenced according to the plea agreement and someti…
-
Emory W. McGOWAN v. State, 586 So. 2d 1311 (Fla. 5th DCA 1991)…t at trial, which therefore could have been raised at trial and on appeal, cannot be raised in motion for post-conviction relief). In this case, McGowan did not take a direct appeal. Had he done so, based on this court’s holding in Waldon v. State, 483 So. 2d 101 (Fla. 5th DCA 1986), we would have required him to pursue other post-conviction relief channels. In Waldon, the defendant appealed, claiming that he had been sentenced based on improper scoring of his prior criminal record. We held his correct remed…
-
Houston v. State, 502 So. 2d 977 (Fla. 1st DCA 1987)…ly four years’ imprisonment and would be free to urge the court to depart from the guidelines up to the statutory maximum of fifteen years. Our attention has also been directed to White v. State, 489 So. 2d 115 (Fla. 1st DCA 1986), Waldon v. State, 483 So. 2d 101 (Fla. 5th DCA 1986), and Scott v. State, 465 So. 2d 1359 (Fla. 5th DCA 1985). We find, however, that none of the cited cases nor any other decisions discovered through research have dealt precisely with the simple question before us, viz., whether t…1 / 2
Authorities Cited
- Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981)
- McGINTY v. State, 463 So. 2d 495 (Fla. 2d DCA 1985)
- Stinson v. State, 448 So. 2d 1240 (Fla. 5th DCA 1984)