KEITH BABBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HERSEY, Chief Judge.
We reverse and remand with instructions to give appellant an opportunity to withdraw his guilty plea. The plea was entered pursuant to a negotiated plea agreement which was based upon premises later discovered to be inaccurate. As a result, the agreement could not be honored by the state. The result is controlled by the rule in Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988), and is substantially different from the situation in Johnson v. State, 541 So. 2d 1213 (Fla. 2d DCA 1989). Here, appellant bargained for a sentence substantially less than the five years and one year which were imposed. It is true that he misled the court, for which he has been punished by contempt, but that does not alter the requirement that he be permitted to withdraw his plea.
REVERSED and REMANDED with instructions.
WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mantle v. State, 592 So. 2d 1190 (Fla. 5th DCA 1992)…dge may have made known to him the agreement and reasons therefor prior to the acceptance of the plea. Thereafter, he shall advise the parties of whether 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 wa…
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Catinella v. State, 732 So. 2d 444 (Fla. 4th DCA 1999)…here, due to error in calculating the scoresheet, sentencing judge was unable to comply with the plea agreement by imposing the recommended 12-year prison sentence, appellant should have been advised that he could withdraw his plea); Babbs v. State, 561 So. 2d 1320 (Fla. 4th DCA 1990)(defendant allowed to withdraw plea where plea bargain was based on premise that guideline sentence would be less than later revealed by the presen-tence investigation, even where the defendant had misled the court about his prior…
Authorities Cited
- Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988)
- Johnson v. State, 541 So. 2d 1213 (Fla. 2d DCA 1989)