ROBERT L. DEPRYCKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT L. DEPRYCKER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
486 So. 2d 57
Florida District Court of Appeal, Third District (1986)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Concededly, the defendant-appellant pled guilty based on a misapprehension of the possible sentence induced by the state’s miscalculation of the appropriate scoring under the guidelines. When the error was discovered before sentencing, he moved to withdraw the plea and now challenges the denial of that motion. We reverse on the authority of Tobey v. State, 458 So. 2d 90 (Fla. 2d DCA 1984). See also Ritchie v. State, 458 So. 2d 877 (Fla. 2d DCA 1984); Banks v. State, 136 So. 2d 25 (Fla. 1st DCA 1962); see generally Forbert v. State, 437 So. 2d 1079 (Fla.1983). Accordingly, the judgment under review is reversed and the cause remanded with directions to permit the withdrawal of the plea.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lamar v. State, 496 So. 2d 191 (Fla. 4th DCA 1986)…ndant should be allowed to withdraw his guilty plea where the state encouraged the defendant to plead guilty based upon misapprehension of a possible sentence induced by the state’s miscalculation of appropriate guidelines score. Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986). REVERSED. DOWNEY and WALDEN, JJ., concur.…
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Wagner v. State, 895 So. 2d 453 (Fla. 5th DCA 2005)…st exceed the preliminary evaluation, then the defendant who has pleaded guilty or nolo contendere in reliance upon the judge’s preliminary sentencing evaluation during plea bargaining has an absolute right to withdraw the plea); Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986)(holding that trial court erred in denying the defendant’s motion to withdraw his plea where the defendant pled guilty based on a misapprehension of the possible sentence induced by the State’s miscalculation of the appropriate sco…
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Cobb v. State, 595 So. 2d 590 (Fla. 4th DCA 1992)…. State, 496 So. 2d 191 (Fla. 4th DCA 1986), that his guilty plea was based on a misapprehension, unwittingly fostered by the state, that he was exposed to a life sentence. The facts and issue here are also indistinguishable from Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986). I would let him take his chances with a jury and, if he be found guilty, the consequent sentence.…
Authorities Cited
- Forbert v. State, 437 So. 2d 1079 (Fla. 1983)
- Artis Banks v. State, 136 So. 2d 25 (Fla. 1st DCA 1962)
- Tobey v. State, 458 So. 2d 90 (Fla. 2d DCA 1984)
- Ritchie v. State, 458 So. 2d 877 (Fla. 2d DCA 1984)