THOMAS GODFREY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
THOMAS GODFREY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
506 So. 2d 1158
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court requiring restitution since it is apparent from the record that restitution was not contemplated by the plea agreement. See G.H. v. State, 414 So. 2d 1135, 1137 (Fla. 1st DCA 1982); see also Pollock v. Bryson, 450 So. 2d 1183 (Fla. 2d DCA 1984) (where plea agreement contemplated the restitution ordered, defendant is estopped from raising alleged illegality of the condition); Dent v. State, 432 So. 2d 163 (Fla. 4th DCA 1983) (same).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mincey v. State, 525 So. 2d 465 (Fla. 1st DCA 1988)…of Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). See Slappy v. State, 516 So. 2d 342 (Fla. 1st DCA 1987) (error to score earlier probationary offenses as prior [*467] record instead of additional offenses). Cf. Rojas v. State, 506 So. 2d 1158 (Fla. 3d DCA 1987) and Cain v. State, 506 So. 2d 1125 (Fla. 1st DCA 1987), both holding that the proper category was “prior record,” not “additional offenses,” based on the above amendment to the committee note to Rule 3.701(d)(5). However, these tw…
-
Eldridge v. State, 531 So. 2d 741 (Fla. 5th DCA 1988)…in probation now to be revoked, the prior offense should be scored as prior record (3.701 d.5.) rather than an additional offense and this illogical directive has been followed. See Cain v. State, 506 So. 2d 1125 (Fla. 1st DCA 1987); Rojas v. State, 506 So. 2d 1158 (Fla. 3d DCA 1987). When the prior offense was the subject of a split sentence with an incident of probation as the condition of a suspended portion of a prior sentence (as distinguished from probation that was imposed in lieu of a sentence), this c…
-
Blasco v. State, 601 So. 2d 1264 (Fla. 3d DCA 1992)…a negotiated plea which was voluntarily and intelligently accepted by the defendant, as in the instant case. See Pollock v. Bryson, 450 So. 2d 1183 (Fla. 2d DCA 1984); see also Kirkland v. State, 575 So. 2d 1315 (Fla. 2d DCA 1991); Godfrey v. State, 506 So. 2d 1158 (Fla. 3d DCA 1987); Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985). This exception has been firmly established and is based upon the underlying rationale that the defendant should not be encouraged or allowed to take advantage, on appeal or on c…
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
- Colan's Rest. & Fla. Farm Bureau Cas. Ins. Co. v. Cranford, 414 So. 2d 1135 (Fla. 1st DCA 1982)
- Fisher v. Fisher, 450 So. 2d 1183 (Fla. 2d DCA 1984)
- Pollock v. Honorable Fred L. Bryson, 450 So. 2d 1183 (Fla. 2d DCA 1984)
- Dent v. State, 432 So. 2d 163 (Fla. 4th DCA 1983)