JOSE EMILIO NEGRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Withdrawal Of Guilty Plea cases and more on FLexlaw
SHARP, Chief Judge.
Although Negron could have more completely established his point that the state failed to honor its agreement to recommend a sentence of probation and 300 hours of community service, we think he sufficiently raised this matter in his petition for reconsideration of sentence. Therefore the trial court’s denial of Neg-ron’s petition insofar as he sought to withdraw his nolo plea was erroneous. See Curry v. State, 513 So. 2d 204 (Fla. 4th DCA 1987).
Accordingly, we remand this case to the trial court for the purpose of giving Neg-ron the opportunity to withdraw his plea and proceed to trial, if he still wishes to do do so.1
REMANDED.
COBB, J. and LEE, R.E., Jr., Associate Judge, concur. . Negron now has served 51 weeks in the county jail as a condition of the four year probation sentence he received and therefore, in a sense, this appeal is moot.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Est. OF Charles W. Smith v. Scruggs, 685 So. 2d 1206 (Fla. 1996)…GRIMES, Justice. We review In re Estate of Smith, 640 So. 2d 1152 (Fla. 1st DCA 1994), which expressly and directly conflicts with King v. Estate of Anderson, 519 So. 2d 67 (Fla. 5th DCA 1988), and which declares a state statute to be invalid. We have jurisdiction. Art. Y, § 3(b)(1), 3(b)(3), Fla. Const. The decedent Charles Smith died in 1992, leaving a will which was admitted to probate shortly after his death. Shir…
-
Forrester v. State, 580 So. 2d 300 (Fla. 5th DCA 1991)…s plea agreement.1 The order imposing costs is affirmed on the authority of State v. Beasley, 580 So. 2d 139 (Fla.1991). SENTENCE VACATED. DAUKSCH and COBB, JJ., concur. . See Isreal v. State, 573 So. 2d 975 (Fla. 5th DCA 1991); Negron v. State, 519 So. 2d 67 (Fla. 5th DCA 1988).…
-
Fullwood v. State, 558 So. 2d 168 (Fla. 5th DCA 1990)…that, although the appeal was essentially moot because the defendant had served the in-earcerative portion of the sentence, it should nonetheless be shown on the defendant’s record that the sentence was erroneous. We further held in Negron v. State, 519 So. 2d 67 (Fla. 5th DCA 1988), that even though the defendant had served the incar-cerative portion of his sentence, the trial judge had erred in denying his petition to withdraw his plea and remanded the matter to the trial court for the purpose of giving th…
Authorities Cited
- Hill v. State, 513 So. 2d 204 (Fla. 4th DCA 1987)