ROSE N. COWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROSE N. COWARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
547 So. 2d 990
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant entered a plea of nolo conten-dere to a misdemeanor violation of § 893.147(2), Fla.Stat. (1987) reserving her right to appeal certain issues. Section 893.-147(2) specifies that any violation thereof constitutes a third degree felony. Appellant has therefore entered a plea to an offense which does not exist. In light of this mutual mistake on the part of all parties below, we vacate the order of probation and remand with directions that appellant’s plea be set aside.
THOMPSON, WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Taylor v. State, 710 So. 2d 636 (Fla. 3d DCA 1998)…elief from the sentence, see State v. Leroux, 689 So. 2d 235 (Fla.1996); Booker v. State, 693 So. 2d 73 (Fla. 5th DCA 1997); Turner v. State, 689 So. 2d 1107 (Fla. 2d DCA 1997); Williams v. State, 618 So. 2d 773 (Fla. 5th DCA 1993); Coward v. State, 547 So. 2d 990 (Fla. 1st DCA 1989); Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983). We therefore reverse the denial of that relief below. Perhaps the more difficult question is the appropriate procedural means available to effect the parties’ agreement b…
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Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004)…granted immediate release is incorrect. A plea bargain is a contract which can be set aside for a mutual mistake of material fact. See Brown v. State, 245 So. 2d 41 (Fla.1971); Jackson v. State, 801 So. 2d 1024 (Fla. 5th DCA 2001); Coward v. State, 547 So. 2d 990 (Fla. 1st DCA 1989). Whether viewed as involving a mutual mistake of material fact, or an involuntary plea, the remedy is not to grant the defendant immediate release. The defendant may stand by the plea bargain as is, or may withdraw his plea and p…
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Handley v. State, 890 So. 2d 529 (Fla. 2d DCA 2005)…n is a contract which Can be set aside for a mutual mistake of material fact.” Fulcher v. State, 875 So. 2d 647, 650 (Fla. 3d DCA 2004)(Cope, J., specially concurring); see also Jackson v. State, 801 So. 2d 1024 (Fla. 5th DCA 2001); Coward v. State, 547 So. 2d 990 (Fla. 1st DCA 1989); Brown v. State, 245 So. 2d 41 (Fla.1971). Here, the record before us does not conclusively refute Hand-ley’s claim that the imposition of the 36-month sentence was the result of a misunderstanding — by both Handley and the State…