CLYDE DAWKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CLYDE DAWKINS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
651 So. 2d 1317
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, Clyde Dawkins, appeals his sentence. We reverse.
Appellant agreed to and pleaded to a guidelines sentence of fifteen years imprisonment. The trial court sentenced appellant to a term of fifteen years imprisonment, followed by five years probation.
Because the trial court sentenced appellant to terms not contemplated by the plea agreement, we reverse the sentence and remand for resentencing pursuant to the plea agreement or to allow appellant to withdraw his plea. See Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990).
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bouie v. State, 698 So. 2d 402 (Fla. 3d DCA 1997)…ortunity to withdraw his plea. The State concedes that defendant must either be resentenced in accordance with the plea agreement, or be given the opportunity to withdraw his plea. See Goins v. State, 672 So. 2d 30, 32 (Fla.1996); Dawkins v. State, 651 So. 2d 1317 (Fla. 3d DCA 1995); Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990). Reversed and remanded.…
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Bouie v. State, 694 So. 2d 169 (Fla. 3d DCA 1997)…he event he chooses to do so, the convictions and sentences should be set aside. Of course, the state would then be permitted to prosecute him on all ... counts in the same manner as if no agreement had been reached. Id.; see also Dawkins v. State, 651 So. 2d 1317 (Fla. 3d DCA 1995); Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990). Reversed and remanded.…
Authorities Cited
- Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990)
- State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990)