BRUCE E. CANNON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the motion for postconviction relief without addressing the defendant's specific claims about his understanding of the plea bargain.
Bruce Cannon pled guilty to two counts of attempted sexual battery, expecting a sentence within the guideline range. He actually received a sentence s…
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PER CURIAM.
Bruce Cannon appeals the summary denial of his motion for postconviction relief. We reverse.
Cannon states that he pled guilty to two counts of attempted sexual battery with the understanding he would receive a guideline sentence. Although the guidelines, if calculated in the manner suggested by Cannon’s motion, would have recommended a maximum sentence of nine years, Cannon actually received twenty-five years in prison followed by twenty years probation. The trial court’s order acknowledges that the sentence was a departure from the guidelines, and indicates the departure was based on a plea bargain. The court also found that four separate offenses, not two, were involved. No transcript of the plea colloquy is attached to the order. The trial court is correct to the extent it holds a plea bargain may contemplate a sentence above the guideline recommendation. See, e.g., Holland v. State, 508 So. 2d 5 (Fla.1987). However, the order does not appear to address Cannon’s claim that his plea bargain, as he understood it, was for a sentence within the guideline range, and that only two counts were involved. If this contention is true Cannon might be entitled to withdraw the plea. Therefore, we must remand for further proceedings in accordance with rule 3.850, Florida Rules of Criminal Procedure. After remand, if the files and records in this case conclusively establish that Cannon is not entitled to relief, the trial court may again deny the motion, attaching to its order the documentation relied upon for this conclusion. Otherwise an evidentiary hearing may be necessary.
Reversed.
RYDER, A.C.J., ALTENBERND, J., and BOARDMAN, EDWARD F., (Ret.), J., concur.
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Silas v. Morris, 605 So. 2d 511 (Fla. 2d DCA 1992)…assault. § 800.04, Fla.Stat. (1975, 1991). . A specific promise of a guideline or below-guideline sentence may be violated by the utilization of an incorrect scoresheet. Johnson v. State, 523 So. 2d 755 (Fla. 2d DCA 1988), and see Cannon v. State, 548 So. 2d 1182 (Fla. 2d DCA 1989). . Additionally, as noted above, the trial court should consider whether Leverett is estopped from raising the Karchesky issue.…
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Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)…eed to the specific length of the sentences that he received. Cf. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA1987). There is no indication that Wilson’s plea negotiation contemplated a guideline sentence, as occurred in such cases as Cannon v. State, 548 So. 2d 1182 (Fla. 2d DCA1989). We affirm the trial court on this issue also. It is debatable whether this limited reversal will or should confer any significant practical benefit upon Wilson. Reviewing the plea and sentencing transcripts, we find that the prob…
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Thornburg v. State, 591 So. 2d 1121 (Fla. 1st DCA 1992)…s plea bargain contemplated a sentence within the guidelines, remand is required for further proceedings, i.e., attachment of documentation conclusively showing the defendant is not entitled to relief, or for an evidentiary hearing. Cannon v. State, 548 So. 2d 1182 (Fla. 2d DCA 1989). In Calleja v. State, 562 So. 2d 395 (Fla. 5th DCA 1990), the plea bargain was based on an incorrect scoresheet. The allegations of the 3.850 motion indicated the defendant neither understood nor accepted the bargain as a departur…
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