JOHN STOCKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHN STOCKER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
564 So. 2d 291
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The State concedes that at sentencing the trial court departed from the terms of the negotiated plea pursuant to which the defendant had pled guilty. That being so, the defendant must be afforded the opportunity to withdraw his plea and proceed to trial. Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990). The cause is remanded with directions to resentence in accordance with the plea agreement or to permit the defendant to withdraw his plea.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)…ee Archie v. State, 558 So. 2d 183 (Fla. 3d DCA 1990). Accordingly, this cause should be remanded to the trial court with instructions to strike the reference to the commission of an aggravated assault from the revocation order. See Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990); Archie, 558 So. 2d at 183; Roberts v. State, 512 So. 2d 286 (Fla. 3d DCA 1987).…
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Allen v. State, 780 So. 2d 346 (Fla. 3d DCA 2001)…dings at the revocation hearing. See McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995) (holding that trial court is required to provide written statement of reasons for revocation, and evidence relied upon in making that finding); Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990) (holding that written order of revocation of probation must conform to oral findings of trial court). Remanded with directions.…
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Craig v. State, 921 So. 2d 37 (Fla. 3d DCA 2006)…n order of revocation in accordance with its oral pronouncements. See Manito v. State, 791 So. 2d 1255 (Fla. 3d DCA 2001); Allen v. State, 780 So. 2d 346 (Fla. [*38] 3d DCA 2001); McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995); Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990). For this task, appellant’s presence is not required. Affirmed, but remanded in part with directions. . Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990)
- State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990)