ARTHUR O. FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARTHUR O. FRANKLIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
498 So. 2d 1035
Florida District Court of Appeal, First District (1986)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Notwithstanding this court’s prior remand of this case with instructions to the trial court to resentence the appellant in conformity with the provisions of § 39.-111(6), Fla.Stat. (1983), see, Franklin v. State, 476 So. 2d 1346 (Fla. 1st DCA 1985), we find the case again before us on a record which does not include a written statement of reasons justifying imposition of adult sanctions as is required by § 39.-111(6)(d). Accordingly, we again reverse the sentence and remand for resentencing.
REVERSED and REMANDED.
JOANOS, THOMPSON and NIMMONS, JJ., concur.
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Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989)…sufficient to support, withdrawal of a plea if the defendant agrees to a plea bargain knowing, but not disclosing, a prior record additional to that known by the authorities at the entry of the plea, if no sentence has been specified. Goff v. State, 498 So. 2d 1035 (Fla. 1st DCA 1986). Here, the authorities had knowledge of the convictions but, because they were committed under an alias, Johnson maintained that they were incorrectly attributed to him until fingerprint matches belied that contention. Because he…
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McCOLLUN v. State, 586 So. 2d 490 (Fla. 1st DCA 1991)…ion about a failure to appear. Moreover, the written plea agreement expressly contemplated a nonstate prison sentence. In the circumstances, application of the rule articulated in Johnson v. State is required. The state’s reliance on Goff v. State, 498 So. 2d 1035 (Fla. 1st DCA 1986) and Goene v. State, 577 So. 2d 1306 (Fla.1991), is misplaced. In Goff, the agreement contemplated a guidelines sentence, but no specific term was ever mentioned. Here, as in Johnson, the negotiated guidelines sentence expressly r…
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Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)…onary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it. Goff v. State, 498 So. 2d 1035 (Fla. 1st DCA 1986). No abuse of discretion on the part of the trial judge has been shown in this ease for not permitting Johnson to withdraw his plea.2 However, we strike the $60.00 fee for First Step because there is no statutory authority for th…
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- Franklin v. State, 476 So. 2d 1346 (Fla. 1st DCA 1985)