DAVID WARREN EVERETT, 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 affirmed the appellant's 30-year sentence for attempted first-degree premeditated murder imposed pursuant to a valid negotiated plea agreement, but struck the costs imposed and remanded for reimposition following proper procedures.
A valid plea agreement specifying the permissible sentence is binding and sufficient without stated reasons to justify departure from a presumptive sentence.
[1] A negotiated plea agreement that specifies the permissible sentence is binding and requires no stated reasons to justify a departure from the presumptive sentence.
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“A valid plea agreement specifying the permissible sentence is binding and sufficient without any stated reasons to justify departure from a presumptive sentence.”
Court's statement of applicable law regarding negotiated plea agreements and sentencing
Appellant pleaded guilty to attempted first-degree premeditated murder and was sentenced to thirty years in prison pursuant to a negotiated plea agree…
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 Statutory Costs cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s sentence, but we strike the costs imposed and remand for their reimposition upon compliance with the appropriate procedures.
This cause comes to us pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant pled guilty to attempted first-degree premeditated murder and was sentenced to thirty years in prison pursuant to a negotiated plea agreement in which appellant expressly agreed that the court could impose the departure sentence. A valid plea agreement specifying the permissible sentence is binding and sufficient without any stated reasons to justify departure from a presumptive sentence. Wolf v. State, 595 So. 2d 1078 (Pla. 1st DCA 1992). We therefore affirm the sentence. We also note that, contrary to appellant’s argument in his pro se brief, State v. Gray, 654 So. 2d 552 (Fla.1995), is inapplicable in the instant case. Appellant was charged with and pled guilty to attempted first-degree premeditated murder, not attempted felony murder. Finally, we strike the costs imposed. At the sentencing hearing, the court announced only that it was “imposing] the statutory costs.” No cost was identified or its amount announced. The judgment only imposes “additional court costs in the sum of $235” without any reference to statutory authority. Upon remand, the court may reimpose the costs after following the procedures presented in Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995), and Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)
- Wolf v. State, 595 So. 2d 1078 (Fla. 1st DCA 1992)