SHANE RAMOND SHORT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHANE RAMOND SHORT, APPELLANT,
STATE OF FLORIDA, APPELLEE
567 So. 2d 61
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The court agrees that the trial court erred in denying appellant’s motion to withdraw his guilty plea where the recommended sentence in the PSI differed from the recommendation given by the prosecutor, Lee v. State, 501 So. 2d 591 (Fla.1987); Curry v. State, 513 So. 2d 204 (Fla. 4th DCA 1987), and where the prosecutor violated the terms of the plea agreement by recommending a three and a half year in-carcerative sentence prior to appellant’s sentencing, Jackson v. State, 515 So. 2d 349 (Fla. 1st DCA 1987).
We reverse and remand with instructions to allow the appellant to withdraw his guilty plea.
LETTS, WALDEN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 641 So. 2d 972 (Fla. 4th DCA 1994)…d failed to do so, the case must be reversed and remanded to allow the defendant to withdraw his plea to count V. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Lee v. State, 501 So. 2d 591 (Fla.1987); and Short v. State, 567 So. 2d 61 (Fla. 4th DCA 1990). As to the fourth issue, the trial court assessed appellate costs against the defendant prospectively. There is no authority for such an imposition of costs. Anderson v. State, 632 So. 2d 132 (Fla. 4th DCA 1994). The portion…
Authorities Cited
- LEE v. State, 501 So. 2d 591 (Fla. 1987)
- Hill v. State, 513 So. 2d 204 (Fla. 4th DCA 1987)
- Jackson v. State, 515 So. 2d 349 (Fla. 1st DCA 1987)