JODY D. HARNAGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1996-10-11
No. 96-610
W. SHARP and THOMPSON, JJ., concur.
680 So. 2d 626 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 2 cases
Topics
Right To Withdraw Plea Youthful Offender Sentencing Nolo Contendere Plea

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Opinion of the Court
COBB, Judge.

COBB, Judge.

In the instant case the appellant Harnage, 17 years of age, offered a nolo plea to burglary and theft charges as an adult subject to a maximum adult sentence of four and one-half years rather than be sentenced as a youthful offender, which entailed a possible sentence of six years. The trial court agreed and subsequently sentenced Harnage to seven years incarceration without affording him the opportunity to withdraw his plea as required by Goins v. State, 672 So. 2d 80 (Fla.1996). We also note that the scoresheet utilized by the sentencing judge contained an incorrect recommended and permitted sentencing range.

Appellant’s conviction and sentence are reversed and this cause is remanded for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

W. SHARP and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Greene v. State, 686 So. 2d 739 (Fla. 5th DCA 1997)
    …ion consecutive to the incarceration. [*740] The judge is not bound to honor the plea, but he must give the defendant the right to withdraw the plea if he decides to deviate from its terms. Goins v. State, 672 So. 2d 30 (Fla.1996); Harnage v. State, 680 So. 2d 626 (Fla. 5th DCA 1996). We also agree with defendant that to the extent he is sentenced to a guidelines sentence in case number 92-1152, he will be entitled to credit for the three and one-half years previously served in prison on these charges. Tripp…
  • Peeples v. State, 719 So. 2d 352 (Fla. 5th DCA 1998)
    …defense counsel’s best characterization, there was only an agreement to recommend a certain sentence, which itself was based on what was clearly an incorrect point total. Cf. Greene v. State, 686 So. 2d 739 (Fla. 5th DCA 1997) and Harnage v. State, 680 So. 2d 626 (Fla. 5th DCA 1996) where in both cases it appears that the trial court had concurred in the plea, agreement, but later concluded that it could not go along with it. In both cases, the defendant was given the right to withdraw his plea. AFFIRMED.…

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