WILLIAM E. HUNT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William E. Hunt appeals the summary denial of his postconviction relief motion, claiming his sentence violated a plea bargain agreement. The court reversed, finding that Hunt was promised probation but received two years of community control plus probation, and remanded for the trial court to either honor the plea agreement or allow Hunt to withdraw his plea.
The court held that Hunt's sentence violated the plea bargain and that the trial court abused its discretion by summarily denying his postconviction relief motion without a hearing. Community control is a sanction more severe than probation, making the imposed sentence materially different from the agreed-upon sentence.
[1] A plea is involuntarily made when the sentence imposed is more severe than that promised in the plea bargain.
[2] A defendant should be allowed to withdraw a plea when the trial judge does not comply with a negotiated plea agreement.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is clear that the judgé, prosecutor and defense counsel understood and agreed upon Hunt's plea in return for probation. Contrary to the plea agreement, and with no explanation, the trial judge added a sentence of two years community control.”
Establishes that the plea bargain clearly promised probation and the trial court violated it by adding community control without explanation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHunt entered a plea of nolo contendere with an understanding that he would receive an extended term of probation for burglary and sexual battery, foll…
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DANAHY, Chief Judge.
William E. Hunt appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Prbcedure 3.850. We reverse.
Hunt claims that in return for his plea of nolo contendere he was to be sentenced to an “extended term” of probation for burglary and sexual battery, followed by six more months of probation for a misdemean-or offense, and adjudication was to be withheld on a sexual battery charge. Instead, he received two years community control and fifteen and one-half years probation. Hunt argues that his sentence was more severe than he bargained for; that his plea was, therefore, involuntarily made; and that he should have been allowed to withdraw his plea when the trial judge did not comply with the negotiated plea.
In response to Hunt’s motion the state attorney acknowledged, among other things, that Hunt’s sentence was different from that promised in his plea bargain but, nevertheless, asserted that the difference was insignificant and that, in any event, Hunt should have appealed rather than sought postconviction relief. The trial judge agreed, denied Hunt’s motion without a hearing, and attached to this order a copy of the transcripts of Hunt’s plea and sentencing hearings.
The transcripts do not, however, refute Hunt’s allegations. It is clear that the judgé, prosecutor and defense counsel understood and agreed upon Hunt’s plea in return for probation. Contrary to the plea agreement, and with no explanation, the trial judge added a sentence of two years community control. Community control is a sanction more severe than probation. Accord State v. Mestas, 507 So. 2d 587 (Fla.1987), aff'g, 484 So. 2d 612 (Fla. 2d DCA 1986).
This case is much like Stranigan v. State, 457 So. 2d 546 (Fla. 2d DCA 1984), wherein this court vacated a sentence of community control followed by probation where the defendant, like Hunt, entered a plea with the understanding he would, receive probation.
Accordingly, we set aside the judgments of conviction and sentences and remand for the trial court to either sentence Hunt pursuant to the plea bargain or offer Hunt an opportunity to withdraw his plea. See Davis v. State, 308 So. 2d 27 (Fla.1975); Moore v. State, 489 So. 2d 1215 (Fla. 2d DCA 1986).
Reversed and remanded with directions.
RYDER and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Castro v. State, 794 So. 2d 680 (Fla. 2d DCA 2001)…tiated plea agreement cannot be honored, the defendant may withdraw his plea and the trial court has an affirmative duty to so advise the defendant.” Goldberg v. State, 536 So. 2d 364, 365 (Fla. 2d DCA 1988) (emphasis added). See also Hunt v. State, 508 So. 2d 40 (Fla. 2d DCA 1987) (reversing denial of postconviction relief when defendant’s sen [*682] tence was contrary to plea agreement). Castro argues, and we agree, that he is prejudiced by the trial court’s failure to impose the negotiated sentences of tw…
Authorities Cited
- Vikki Zimmerman Davis v. State, 308 So. 2d 27 (Fla. 1975)
- State v. Mestas, 507 So. 2d 587 (Fla. 1987)
- Rayfield Moore v. State, 489 So. 2d 1215 (Fla. 2d DCA 1986)
- Stranigan v. State, 457 So. 2d 546 (Fla. 2d DCA 1984)
- Mestas v. State, 484 So. 2d 612 (Fla. 2d DCA 1986)