REGINALD M. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Reginald Williams appealed his concurrent sentences for cocaine trafficking and probation violation, objecting to the 10-year probation term after pleading guilty based on an agreement for concurrent sentences within sentencing guidelines. The court dismissed the appeal for lack of jurisdiction, finding Williams cannot both accept the benefit of his plea bargain and challenge it on appeal.
The appellate court dismissed the appeal for lack of jurisdiction. Once Williams accepted the benefit of his plea bargain (concurrent sentences within guidelines), he cannot simultaneously attack that same bargain on appeal. If he believed the plea was conditioned on receiving no probation, he should have sought to withdraw the plea at the trial court level.
[1] A defendant who pleads guilty to a charge conditioned on receiving a specific sentence within the guidelines range cannot appeal the sentence imposed if it complies with…
[2] A defendant who believes a guilty plea was entered based on a misunderstanding of the sentence terms should seek to withdraw the plea to preserve appellate jurisdiction o…
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Join FLexlaw to unlock all legal intelligence“the court accepted appellant's guilty plea to a lesser included trafficking charge on the sole condition that he receive concurrent sentences within the guidelines”
Establishes the conditional nature of the plea agreement Williams entered
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Join FLexlaw to unlock all legal intelligenceWilliams pleaded guilty to trafficking in cocaine and violating probation after reaching an agreement with the trial judge that he would receive concu…
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SHARP, Chief Judge.
Williams appeals from his sentences imposed after he pled guilty to trafficking in cocaine1 and violating his probation. At the plea hearing, Williams agreed to plead guilty if the trial judge gave him concurrent sentences, within the guidelines range. The court accepted the plea and imposed concurrent sentences within the guidelines range: 54 months on each charge, with credit for time served, followed by 10 years probation. Thereupon Williams objected to the term of probation, and insisted that the trial court impose a sentence one bracket higher than the applicable guidelines range, without any time on probation. We dismiss this appeal for lack of jurisdiction.
Appellant relies upon Williams v. State, 522 So. 2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So. 2d 854 (Fla. 5th DCA 1986). We think these cases are distinguishable because those defendants both fell into the non-state prison brackets under the guidelines, and neither had entered a guilty plea based on receiving a “guidelines sentence.” Here, the court accepted appellant’s guilty plea to a lesser included trafficking charge on the sole condition that he receive concurrent sentences within the guidelines.
Appellant was so sentenced and thus should have no complaint and no basis for this appeal. If (as appellant’s counsel argued at the sentencing hearing) the plea was entered with William’s expectation and understanding that no probation would be involved in his sentences, he should have sought to withdraw his plea. The trial court’s denial would give us jurisdiction to consider that issue. Robinson v. State, 373 So. 2d 898 (Fla.1979); Eisaman v. State, 440 So. 2d 470 (Fla. 5th DCA 1983); § 924.06(3), Fla.Stat. (1987), Florida Rule of Appellate Procedure 9.140(b)(1). As the record now stands, Williams cannot retain the benefit of his bargain, and attack it on appeal at the same time.
APPEAL DISMISSED.
GOSHORN, J., concurs.
ORFINGER, J., concurs specially with opinion.
. §§ 893.135(l)(b)l. and 893.03(2)(a)4., Fla.Stat. (1987).
ORFINGER, Judge,
concurring specially.
I concur in the dismissal, because we lack jurisdiction. Any attempt to distinguish this case from those cited in the majority opinion is thus unnecessary to a decision in this case. The defendant pled guilty and received a legal sentence. No appeal lies from a plea of guilty except for such matters as would invalidate the plea. Robinson v. State, 373 So. 2d 898 (Fla.1979). Before a defendant may appeal on a contention that the plea is invalid because the government has failed to comply with the plea agreement, he must first move to withdraw the plea. Eisaman v. State, 440 So. 2d 470 (Fla. 5th DCA 1983); Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). Because there is no indication that defendant moved to withdraw the plea and that such motion was denied, the appeal must be dismissed.
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Trombley v. State, 754 So. 2d 121 (Fla. 5th DCA 2000)…IN, JJ., concur. . § 316.193(3)(a),(b) and (c)2, Fla. Slat. (1997) . § 316.193(3)(a),(b) and (c)l, Fla. Slat. (1997). . § 316.027, Fla. Stat. (1997). . § 924.051, Fla. Slat; Duhart v. State, 548 So. 2d 302 (Fla. 5th DCA 1989); Williams v. State, 541 So. 2d 764 (Fla. 5th DCA 1989). .Florida Rule of Criminal Procedure 3.172(c)(1) provides as follows: ... [T]he trial judge should, when determining voluntariness, place the defendant under oath and shall address the defendant personally and shall determine t…
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Kravitz v. State, 638 So. 2d 636 (Fla. 5th DCA 1994)…appeal should be dismissed for lack of jurisdiction because of Kravitz’s failure to first seek withdrawal of his plea before the trial court. We agree and dismiss the appeal without prejudice to seek relief before the trial court. Williams v. State, 541 So. 2d 764 (Fla. 5th DCA 1989); Duhart v. State, 548 So. 2d 302 (Fla. 5th DCA 1989); Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982); Norman v. State, 634 So. 2d 212 (Fla. 4th DCA 1994). APPEAL DISMISSED. COBB and DIAMANTIS, JJ., concur.…
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Wilmer Stephen Lewis v. State, 627 So. 2d 625 (Fla. 5th DCA 1993)…PER CURIAM. The present appeal is dismissed without prejudice to the right of appellant Wilmer Stephen Lewis to seek collateral relief in the trial court by filing a motion to withdraw his plea. See Williams v. State, 541 So. 2d 764 (Fla. 5th DCA 1989); Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982). See also Smith v. State, 590 So. 2d 32 (Fla. 5th DCA 1991). We express no opinion concerning the merits of any such motion. Appeal DISMISSED. COBB, PETERSON and DIAMANTIS, J…
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
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982)
- The Colonies Condo. Ass'n, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982)
- Holley v. State, 483 So. 2d 854 (Fla. 5th DCA 1986)
- Adkison v. Melton, 440 So. 2d 470 (Fla. 1st DCA 1983)
- Rockledge Gardens & U.S. Fid. & Guar. Co. v. Adams, 440 So. 2d 470 (Fla. 1st DCA 1983)
- Williams v. State, 522 So. 2d 1022 (Fla. 5th DCA 1988)