CODY ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's restitution obligation for medical expenses was affirmed because he expressly agreed to reimburse the sheriff's office as part of his negotiated plea bargain, distinguishing this case from Comean v. State where no such agreement existed.
A defendant who agrees to reimburse medical expenses as part of a negotiated plea bargain waives objections to that restitution condition and cannot later challenge it under Comean v. State.
[1] A defendant who expressly agrees to reimburse medical expenses as a component of a negotiated plea bargain waives objections to that restitution condition and is bound by…
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“Having accepted the benefits of his plea bargain, Mr. Allen will not be relieved of his burdens under the contract.”
Court's explanation of why Allen cannot challenge the restitution condition despite Comean precedent.
Cody Allen appealed a probation condition requiring him to reimburse the Columbia County Sheriff's Department $16.95 for medical expenses incurred whi…
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DAVIS, Judge.
Cody Alen appeals that portion of his judgment and sentence-imposing a condition of probation requiring him to reimburse the Columbia County Sheriffs Department for medical expenses in the amount of $16.95. Mr. Allen seeks reversal of the restitution order under the authority of Comean v. State, 611 So. 2d 68 (Fla. 1st DCA 1992), in which this court held that the county had a duty to provide medical care to a prisoner in its custody and reversed an order imposing an obligation to reimburse the sheriffs office for medical care as a condition of probation. Although the defendant in Comean pleaded guilty pursuant to a negotiated plea, id., that case is distinguishable from the instant case because Comeau did not agree to reimburse the cost of medical care as a part of the plea agreement. Here, in contrast, Mr. Allen’s plea bargain included, as a specific component, the obligation to reimburse the sheriffs office for these medical costs. Mr. Allen bargained for this obligation and thereby waived any objection to the legality of a sentence containing this condition of probation. Having accepted the benefits of his plea bargain, Mr. Allen will not be relieved of his burdens under the contract. See Novaton v. State, 634 So. 2d 607, 608 (Fla.1994); see also Mann v. State, 622 So. 2d 595, 596-97 (Fla. 3d DCA 1993) (affirming summary denial of Fla.R.Crim.P. 3.850 motion, court held that appellant would be bound by terms of plea contracts entered into after extensive negotiations as to both guilt and sentence).
AFFIRMED.
ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Garcia v. State, 722 So. 2d 905 (Fla. 3d DCA 1998)…ederal Corporation, 631 So. 2d 353 (Fla. 1st DCA 1994). A defendant will not be relieved of an obligation that was included as a specific component of a plea agreement that was bargained for and voluntarily entered into by defendant. Allen v. State, 642 So. 2d 815 (Fla. 1st DCA 1994). This court did not suspend the defendant from the practice of law. Defendant contracted away his right to practice law for the period of time he is on probation. The court merely accepted the contract that defendant freely enter…
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State v. Gutierrez, 10 So. 3d 158 (Fla. 3d DCA 2009)…urden”); see also Garcia, 722 So. 2d at 907 (“A defendant will not be relieved of an obligation that was included as a specific component of a plea agreement that was bargained for and voluntarily entered into by defendant.”) (citing Allen v. State, 642 So. 2d 815, 816 (Fla. 1st DCA 1994)). Indeed, permitting defendant to evade his negotiated plea by filing a motion to mitigate would discourage the State from entering into future plea bargains with other defendants. See Swett, 772 So. 2d at 52. Moreover, the…
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Nelson v. State, 780 So. 2d 294 (Fla. 1st DCA 2001)…feet of places where children congregate, or from working in such environments. Subject to this clarification, by specifically agreeing to these conditions of probation in his plea agreement, Nelson waived any objection thereto. See Allen v. State, 642 So. 2d 815 (Fla. 1st DCA 1994); Garcia v. State, 722 So. 2d 905 (Fla. 3d DCA 1998). AFFIRMED. ERVIN, WEBSTER and LEWIS, JJ., concur. . The parties never clarify which reporting statute applies to Nelson. Our review of the provisions leads us to conclude tha…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Comeau v. State, 611 So. 2d 68 (Fla. 1st DCA 1992)
- Mann v. State, 622 So. 2d 595 (Fla. 3d DCA 1993)