RICKY EARL EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred by sentencing the defendant to a term greater than agreed upon in a plea agreement without allowing him to withdraw his plea, and also erred by imposing costs without notice or a hearing.
The defendant entered a plea agreement with the state recommending a 12-year sentence. An error in the scoresheet led the trial court to sentence him …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Withdraw Plea cases and more on FLexlaw
PER CURIAM.
The defendant/appellant, Ricky Earl Edwards, entered into a plea agreement with the state with the understanding that the state would recommend that his sentence be 12 years, the bottom of the recommended guidelines range. Subsequently it was discovered that an error had been made in the calculation of Edwards’ scoresheet. Without advising Edwards that he could withdraw his plea, the trial court sentenced him to 22 years in the Department of Corrections — 10 years greater than the amount agreed upon in plea negotiations. We reverse the conviction and sentence based upon Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989) and direct the trial court to afford Edwards an opportunity to withdraw his plea of nolo contendere.
Additionally, we reverse the costs 1 which were imposed against Edwards without notice or an opportunity to be heard. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Mays v. State, 519 So. 2d 618 (Fla.1988).
REVERSED and REMANDED.
HERSEY, C.J., LETTS, J., and WALDEN, JAMES H., (Retired) Associate Judge, concur. . Edwards was ordered to pay $200 in court costs, $450 in attorneys fees, $20 to the Crimes Compensation Fund, $3 to the Criminal Justice Trust Fund and $2 to the County Restitutional Criminal Justice Trust Fund.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Catinella v. State, 732 So. 2d 444 (Fla. 4th DCA 1999)…); Mantle v. State, 592 So. 2d 1190 (Fla. 5th DCA 1992)(where all parties were mistaken as to the maximum sentence, and the plea agreement was based on the misunderstanding, appellant should have been allowed to withdraw his plea); Edwards v. State, 575 So. 2d 297 (Fla. 4th DCA 1991)(where, 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 p…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Johnson v. State, 547 So. 2d 238 (Fla. 1st DCA 1989)