WILLIE LEE DAVIS, JR., 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 defendant must be allowed to withdraw his plea to count V because the state failed to recommend a specific sentence as promised, and prospective appellate costs cannot be assessed against a defendant.
The defendant agreed to change his plea to count V based on the state's representation that it would recommend a 20-year sentence. The state failed to…
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 Appellate Costs cases and more on FLexlaw
PER CURIAM.
The defendant raises four issues in this appeal. It is apparent that the state agrees that issues three and four have merit. We agree with the state that only these issues have merit.
Issue three involved the state’s failure to recommend to the court that the defendant receive 20 years on all counts when the defendant agreed to change his plea to count V, having previously been found guilty on counts I through IV based upon this representation. Because the state did agree to make this recommendation at the sentencing and 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 of the judgment sentencing the defendant to ten years consecutively on count V is reversed to allow the defendant to withdraw his plea. That portion of the judgment assessing prospective appellate costs is also reversed. In all other respects, the case is affirmed.
FARMER and PARIENTE, JJ., and MAY, MELANIE G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971)
- LEE v. State, 501 So. 2d 591 (Fla. 1987)
- Anderson v. State, 632 So. 2d 132 (Fla. 4th DCA 1994)
- Short v. State, 567 So. 2d 61 (Fla. 4th DCA 1990)
- Cooper v. State, 567 So. 2d 61 (Fla. 4th DCA 1990)