WALTER WALKER BROOMFIELD, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WALTER WALKER BROOMFIELD, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
514 So. 2d 1135
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 22 cases
Opinion of the Court
ORFINGER, Judge.
Following plea negotiations, defendant entered a plea of guilty to burglary of a dwelling. The plea negotiations resulted in an agreement for an illegal sentence. “A trial court cannot impose an illegal sentence pursuant to a plea bargain.” Williams v. State, 500 So. 2d 501, 503 (Fla.1986). Therefore, we vacate the sentence and remand for further proceedings.
Sentence VACATED; REMANDED.
COBB, J., and LEE, R.E., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Bernard v. State, 571 So. 2d 560 (Fla. 5th DCA 1990)…. State, 515 So. 2d 256 (Fla. 1st DCA 1987), quashed on other grounds, 526 So. 2d 69 (Fla.1988) (sentence of six years for third degree felony vacated since defendant cannot confer on court authority to impose illegal sentence); Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987) (trial court cannot impose illegal sentence pursuant to plea bargain). Further, although the sentences imposed fall within the “permitted range” based on Bernard’s “score”, they exceed the statutory maximum. In such a situation,…
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Denmark v. State, 519 So. 2d 20 (Fla. 1st DCA 1987)…denied. However, pursuant to Rule 9.030(a)(2)(A)(iv), Fla.R.App.P., we certify that the decision in this case expressly and directly conflicts with a decision of another district court of appeal on the same question of law. See Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987).…
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Smith v. State, 519 So. 2d 731 (Fla. 1st DCA 1988)…to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision in this case expressly and directly conflicts with the decision of another district court of appeal on the same question of law. See Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987). See also State v. Williams, 515 So. 2d 1051 (Fla. 3d DCA 1987). , ERVIN and NIMMONS, JJ., concur.…
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- Williams v. State, 500 So. 2d 501 (Fla. 1986)