ROBERT WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's probation was revoked and he was sentenced to 7 years for failing to cooperate as required by his plea bargain; the court affirmed, finding the sentence was within the range disclosed at the time of the plea negotiation.
A trial court does not improperly deviate from sentencing guidelines when imposing a sentence within the range disclosed during plea negotiations upon the defendant's breach of a cooperation condition.
[1] A sentence imposed upon probation revocation is not subject to sentencing guideline deviation analysis when the sentence falls within the range disclosed to the defendant…
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Join FLexlaw to unlock all legal intelligenceWilliams pleaded nolo contendere to armed false imprisonment, accessory after the fact, and resisting an officer with violence. His probation sentence…
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PER CURIAM.
The appellant was charged with armed kidnapping, accessory after the fact and resisting an officer with violence to his person. After plea negotiations, the state reduced the charge to armed false imprisonment, accessory after the fact and resisting an officer with violence to his person, to which the defendant pled nolo. Upon the plea bargain, he was sentenced to a term of probation, which among other things contained a condition that required cooperation with the state in another prosecution. At the time of the plea colloquy, the trial court clearly indicated that if the cooperation was not forthcoming, the defendant could face up to 15 years. After the sentencing, the defendant failed to cooperate. A violation of probation was filed and the trial court sentenced the defendant to 7 years. This appeal ensued. The contention is that the trial court improperly deviated from the guidelines. We find no merit. This is not a guidelines case, it is a plea bargain. The defendant received a sentence within that indicated at the time of the bargain in the event of default by the defendant, and we find no error and affirm. Williams v. State, 471 So. 2d 201 (Fla. 2d DCA 1985); Johnson v. State, 458 So. 2d 850 (Fla. 2d DCA 1984); Bell v. State, 453 So. 2d 478 (Fla. 2d DCA 1984).
Therefore, for the reasons above stated, the order of revocation and sentence under review be and the same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bell v. State, 453 So. 2d 478 (Fla. 2d DCA 1984)
- City OF Plantation & Mich. Mut. Ins. Co. v. Roberts, 458 So. 2d 850 (Fla. 1st DCA 1984)
- Williams v. State, 471 So. 2d 201 (Fla. 2d DCA 1985)