RACHEL RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court modified Rodriguez's sentence to conform with her plea agreement by replacing community control with probation, affirming the conviction but correcting the sentencing deviation from the negotiated terms.
A sentence must be modified to conform with the terms of a written plea agreement when the trial court imposes conditions that depart from the agreement.
[1] A trial court must modify a sentence to conform with the express terms of a written plea agreement when the imposed sentence deviates from the negotiated conditions.
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Join FLexlaw to unlock all legal intelligence“she pled guilty to reduced charges in return for a sentence of twenty-five years followed by a period of probation of up to thirty years”
Description of the plea agreement terms that the trial court failed to honor
Rodriguez entered into a written plea agreement whereby she pled guilty to reduced charges in exchange for twenty-five years imprisonment followed by …
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PER CURIAM.
After the defendant and the prosecution entered into a written plea agreement whereby she pled guilty to reduced charges in return for a sentence of twenty-five years followed by a period of probation of up to thirty years, she was sentenced to twenty-five years, followed by two years community control and twenty-three years probation with several special conditions. On this appeal, we order that the sentence be modified in conformance with the agreement by providing for twenty-five years probation following the prison term, thereby omitting the more onerous community control requirement. See Fraser v. State, 602 So. 2d 1299 (Fla.1992).
We do not consider the appellant’s separate challenge to the conditions of probation. She did not object to them below and there is no showing that the conditions in question were “so egregious as to be the equivalent of fundamental error.” Larson v. State, 572 So. 2d 1368, 1371 (Fla.1991); McCarthren v. State, 635 So. 2d 1005 (Fla. 5th DCA 1994). Moreover, unlike the community control issue, there is no showing that the conditions involved a departure from the plea and sentencing agreement. Obviously, the “probation” it provided would necessarily involve the imposition of conditions of some kind. If Rodriguez wishes to withdraw her plea (and reinstate the original charges) on the grounds that the conditions actually imposed were not fairly contemplated, were overly restrictive, or otherwise, she is free to file a 3.850 or 3.800 motion to that effect.1
Affirmed as modified.
. Of course, we express no opinion as to the validity of such a motion.
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Armstrong v. State, 656 So. 2d 455 (Fla. 1995)…e issue on appeal and the McGauley court erred in holding otherwise.1 We agree with those decisions which have held that consecutive county jail sentences that exceed one year for misdemeanors, as opposed to felonies, are permitted. Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994); Gwynn v. Orange County Bd. of County Comm’rs, 527 So. 2d 866 (Fla. 5th DCA 1988); Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987); Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976). We acknowledge that under this interpre…
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Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA 1994)…imposed at the same sentencing hearing. In McGauley, however, as in this case, the defendant was being sentenced for two misdemeanors. Since guideline sentencing is inapplicable to misdemeanors, Singleton is irrelevant. We held in Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994), that consecutive jail sentences that exceed one year for misdemeanors, as opposed to felonies, are permitted. We acknowledge conflict with McGauley. AFFIRMED. COBB and DIAMANTIS, 33., concur.…
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Authorities Cited
- Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
- Fraser v. State, 602 So. 2d 1299 (Fla. 1992)
- Cyrus L. McCARTHREN v. State, 635 So. 2d 1005 (Fla. 5th DCA 1994)