WILLIAM E. GOLDBERG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant must be given the opportunity to withdraw their plea if the court cannot honor the plea agreement.
The appellant entered a plea agreement anticipating a probation sentence based on his representation of no prior record. A presentence investigation r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Withdraw Plea cases and more on FLexlaw
THREADGILL, Judge.
Appellant contends that the trial court erred in sentencing him beyond the terms of his plea agreement without giving him an opportunity to withdraw his plea. We agree.
When a negotiated plea agreement cannot be honored, the defendant may withdraw his plea and the trial court has an affirmative duty to so advise the defendant. Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987); Ben v. State, 440 So. 2d 501 (Fla. 2d DCA 1983); Kiefer v. State, 295 So. 2d 688 (Fla. 2d DCA 1974).
Here, all parties anticipated a guidelines sentence of probation based on the appellant’s representation that he had no substantial prior criminal record. When a presentence investigation revealed an extensive prior record, the court refused to honor the plea agreement for probation and sentenced the appellant to the presumptive guidelines sentence of five years on each count. The appellant should have been informed that he could withdraw his guilty plea. Because he was not given an opportunity to do so, we reverse and remand with directions that he be allowed to withdraw the plea.
REVERSED AND REMANDED.
SCHEB, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989)…, to pay court costs, statutory fees and attorney’s fees in each case. When a negotiated plea cannot be honored by the trial judge, the defendant may withdraw his plea and the trial court has an affirmative duty to so advise him, Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988), notwithstanding that he made the bargain without disclosing prior convictions not yet discovered by the authorities. Even if the trial court adheres to the bargain, opportunity to withdraw must be afforded if the plea itself was…
-
Mantle v. State, 592 So. 2d 1190 (Fla. 5th DCA 1992)…other factors (unknown at the time) may make his concurrence impossible. . See Babbs v. State, 561 So. 2d 1320 (Fla. 4th DCA 1990) (plea bargain based on premise that guideline sentence would be less than later revealed by PSI); Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988) (plea bargain entered into when all parties thought the guidelines sentence was probation; prior criminal record later revealed in PSI); Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987) (defense counsel told defendant erroneousl…
-
Reynaldo Rodriguez v. State, 610 So. 2d 476 (Fla. 2d DCA 1992)…ourt failed to affirmatively permit Mr. Rodriguez to withdraw his plea after it decided to depart from the guidelines rather than sentence him to the agreed-upon 22 years’ imprisonment, we must reverse his judgments and sentences. Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988); Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987); Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983). We remand for further proceedings at which Mr. Rodriguez shall be given the opportunity to withdraw his plea. Because of this…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kiefer v. State, 295 So. 2d 688 (Fla. 2d DCA 1974)
- Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987)
- BEN v. State, 440 So. 2d 501 (Fla. 2d DCA 1983)