WILLIAM GLENN SCHROEDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's no-contest plea must be withdrawn when the federal government's refusal to accept him defeats the condition of concurrent sentencing that was material to the plea agreement.
A defendant may withdraw a no-contest plea when a material condition of the plea agreement—concurrent sentencing with a federal sentence—becomes impossible to fulfill through no fault of the defendant or State.
[1] A defendant may withdraw a plea when a material condition of the plea agreement becomes impossible to fulfill through circumstances beyond the defendant's and State's con…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is uncontroverted that Schroeder would not have entered this plea had not he, the State and the trial judge believed that his sentences (including the federal sentence) would all run concurrent.”
Establishing that concurrent sentencing was a material condition of the plea agreement.
Schroeder pled no contest to narcotics and firearm charges with the understanding that his state sentences would run concurrent with each other and wi…
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HARRIS, Chief Judge.
William Glenn Schroeder, in this Anders appeal, pled no contest to a narcotics and a firearm charge with the understanding that his sentences on these offenses would run concurrent with each other and with a federal sentence that he had previously received. When the Federal Bureau of Prisons refused to accept him until he had served his state sentence (thus defeating the condition of his plea), Schroeder moved to withdraw his plea. The trial court, believing that Schroeder’s complaint was with the federal authorities, denied his motion. Schroeder appeals; we reverse.
Although the federal authorities are the cause of the breach of the plea agreement, the agreement is between the defendant and the State and approved by the trial court. It is uncontroverted that Schroeder would not have entered this plea had not he, the State and the trial judge believed that his sentences (including the federal sentence) would all run concurrent. When Schroeder was denied the opportunity to withdraw his plea after it was apparent that his “bargained for” consideration had failed, his plea became involuntary. See Patterson v. State, 611 So. 2d 84 (Fla. 2d DCA 1992); Allen v. State, 616 So. 2d 625 (Fla. 4th DCA 1993).
REVERSED and REMANDED for further proceedings consistent herewith.
GOSHORN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hightower v. State, 650 So. 2d 1086 (Fla. 1st DCA 1995)…ly led the defendant to believe that he or she would serve two separate sentences concurrently rather than consecutively, states a prima facie case for relief under rule 3.850. Bryant v. State, 355 So. 2d 497 (Fla. 1st DCA 1978); Schroeder v. State, 641 So. 2d 947 (Fla. 5th DCA 1994); Allen v. State, 616 So. 2d 625 (Fla. 4th DCA 1993); Patterson v. State, 611 So. 2d 84 (Fla. 2d DCA 1992); Jackson v. State, 442 So. 2d 1070 (Fla. 3d DCA 1983). The trial court’s attachments to its final order — consisting of exc…
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Williams v. State, 710 So. 2d 85 (Fla. 5th DCA 1998)…not been promised a concurrent sentence, has stated a prima facie ground for relief and is entitled to a hearing. See Hightower v. State, 650 So. 2d 1086 (Fla. 1st DCA 1995); Perkins v. State, 696 So. 2d 1343 (Fla. 2d DCA 1997); Schroeder v. State, 641 So. 2d 947 (Fla. 5th DCA 1994). Had Williams filed a timely motion to withdraw his plea in this case, he would have been entitled to a hearing. 2 However, having served his Florida sentence, it is too late for Williams to seek to withdraw a guilty plea based…
Authorities Cited
- Kristian Patterson v. State, 611 So. 2d 84 (Fla. 2d DCA 1992)
- Allen v. State, 616 So. 2d 625 (Fla. 4th DCA 1993)