JOHNNIE HUMPHRIES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Johnnie Humphries appeals the summary denial of his motion for postconviction relief.
Humphries claims that he was offered, and agreed to, a plea bargain calling for a maximum sentence of seven years. In fact, he received a seventeen-year sentence. If these allegations are true Hum-phries might be entitled to withdraw the plea. See, e.g., Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985). The trial court, in its order denying the motion, correctly states that a plea offer from the state is not binding upon the trial judge. Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984). However, while a defendant may have no right to enforce a plea bargain, once the court determines it cannot accept the agreement it should permit the defendant to withdraw the plea if he so desires. Devard v. State, 504 So. 2d 28 (Fla. 2d DCA 1987). Otherwise the voluntariness of any plea entered in reliance upon the offer may be undercut.
The trial court’s order fails to include attachments from the record sufficient to refute Humphries’s motion. Accordingly, we remand this case for further proceedings in accordance with Florida Rule of Criminal Procedure 3.850.
Reversed.
SCHOONOVER, C.J., and FRANK and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Heidelburg v. State, 622 So. 2d 573 (Fla. 2d DCA 1993)…ould permit a sentence of up to seven years. The court imposed the seven-year sentence. When a trial court finds it cannot honor a plea negotiation, it should offer the defendant the opportunity to withdraw the plea. See, e.g., Humphries v. State, 563 So. 2d 1124 (Fla. 2d DCA 1990). We therefore remand this matter with instructions to reduce the sentence to the three and one-half years agreed upon in 1991, or allow Heidelburg the chance to withdraw his plea. This is an example of a needless appeal which coul…
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Cambrick v. State, 593 So. 2d 613 (Fla. 2d DCA 1992)…y “allowed” the violation to happen. More accurately, the issue to be decided is the voluntariness of Cambrick’s plea. If a court cannot honor a plea agreement, it should offer the defendant the opportunity to withdraw the plea. Humphries v. State, 563 So. 2d 1124 (Fla.2d DCA 1990). The record before us includes the transcript of a hearing wherein Cam-brick pled no contest to some, but not all, of the offenses encompassed by the present motion. This plea does appear to have been entered in exchange for a “fif…
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Smith v. State, 592 So. 2d 1208 (Fla. 2d DCA 1992)…h would have preferred two and one-half years in prison to four. However, when a court is unwilling to accept a plea offer, generally it must allow the accused the option of withdrawing a plea entered in reliance upon that offer. Humphries v. State, 563 So. 2d 1124 (Fla. 2d DCA 1990). Faced with such a choice the defendant may prefer the status quo to the risks of proceeding to trial.2 We are unable to determine, based on the record presently before us, whether Smith was given this choice. If the present, much…
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- Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984)
- Paulino Nunez v. City OF Hialeah & David Leahy, 477 So. 2d 655 (Fla. 3d DCA 1985)
- Devard v. State, 504 So. 2d 28 (Fla. 2d DCA 1987)