JOHN DOE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Discretion cases and more on FLexlaw
PER CURIAM.
Defendant appeals his sentences entered upon a guilty plea, contending that the trial court failed to exercise its independent sentencing discretion under section 893.135(3), Florida Statutes (1983). We agree. The trial judge labored under the mistaken impression that he was not free to reduce defendant’s sentence beyond that recommended by the state under the terms of defendant’s Pre-plea Agreement. The trial court imposed the five-year mandatory minimum sentence, erroneously believing that the statute prohibited further reduction; however, the trial court had the discretion to reduce the sentence further and was not bound by the state’s recommendations. Quinones v. State, 448 So. 2d 608 (Fla.3d DCA 1984); see State v. Benitez, 395 So. 2d 514 (Fla.1981); Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983). We therefore remand the cause to the trial court for resentencing.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)…at the interests of justice require us to vacate the sentence so that the trial judge may consider the matter as one within his discretion.” Id. at 1197 (footnote omitted). See also Berezovsky v. State, 350 So. 2d 80, 80-81 (Fla.1977); Doe v. State, 499 So. 2d 13, 14 (Fla. 3d DCA 1986); Glosson v. Solomon, 490 So. 2d 94, 95 (Fla. 3d DCA 1986). On remand, the trial court may, of course, reimpose the life sentence, or a term less than life, under the statutory procedure. See State v. Brown, 530 So. 2d at 53 n.…
-
Aramis Donell Ayala v. Scott, 224 So. 3d 755 (Fla. 2017)…al to seek the death penalty in any eligible case, including a case that “absolutely deserve[s] [the] death penalty” does not reflect an exercise of prosecutorial discretion; it embodies, at best, a misunderstanding of Florida law. Cf. Doe v. State, 499 So. 2d 13, 14 (Fla. 3d DCA 1986) (holding “the trial court failed to exercise its independent sentencing discretion”- in light of its erroneous view of the law); see also Taylor v. State, 49 Fla. 69,38 So. 380, 383 (1905) (recognizing that “a failure of the s…
-
Bret Sheral Hester v. State, 507 So. 2d 724 (Fla. 3d DCA 1987)…of the plea. The appellant appeals contending that the plea agreement was faulty by its terms and that the trial judge felt compelled to follow the state’s recommendation as to sentencing and therefore committed reversible error under Doe v. State, 499 So. 2d 13 (Fla. 3d DCA 1987), and Quinones v. State, 448 So. 2d 608 (Fla. 3d DCA 1984). We disagree. The written plea contract was augmented in open court by discussions and agreement between the state, the appellant and defense counsel wherein it was clearl…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Benitez, 395 So. 2d 514 (Fla. 1981)
- Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983)
- Lazro Quinones v. State, 448 So. 2d 608 (Fla. 3d DCA 1984)