SHANE STEVEN HAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Shane Hand pleaded nolo to violating probation under an agreement where the State promised to recommend concurrent one-year community control terms. While awaiting sentencing, Hand committed additional offenses. The trial court imposed higher sentences than recommended, and Hand appealed arguing the court breached the plea agreement. The court affirmed, holding that because the agreement only required the State to recommend a sentence (not a firm binding commitment), Hand cannot withdraw his plea when a greater sentence is imposed if the State kept its promise.
Hand does not have the right to withdraw his plea because the plea agreement only required the State to recommend a particular sentence, not to bind the judge to that sentence. When an agreement merely calls for the State to recommend a sentence and makes clear the judge may impose a greater sentence, the defendant cannot withdraw if a greater sentence is imposed so long as the State fulfills its promise to recommend.
[1] A trial court is not bound to honor a plea agreement, even if it accepts the defendant's plea, especially when the agreement only involves the State recommending a partic…
[2] A defendant may withdraw a plea if a firm agreement for a specified sentence is made and the trial court imposes a greater sentence.
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Join FLexlaw to unlock all legal intelligence“when there has been a firm agreement for a specified sentence and the judge determines to impose a greater sentence, the defendant has the right to withdraw the plea. However, when there has been an agreement only calls for the state to recommend a particular sentence and it is clear that the trial judge may impose a greater sentence, the defendant cannot withdraw the plea if a greater sentence is imposed so long as the state carries out its promise.”
Establishes the critical distinction between binding sentence agreements and mere recommendation agreements in determining whether a defendant can withdraw a plea.
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Join FLexlaw to unlock all legal intelligenceHand pled nolo to violating probation in two cases pursuant to a plea agreement in which the State promised to recommend concurrent one-year terms of …
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HARRIS, Judge.
Shane Steven Hand pled nolo to violating probation in two cases under an agreement in which the State promised to recommend concurrent one-year terms of community control to be followed by two years probation. The court accepted the pleas but indicated that it would have to get an updated presentence investigation report. The court cautioned Hand that, “You get in any trouble while you’re awaiting sentence, I’m going to send you to the Florida State Prison.” Hand, throwing caution to the winds, pled to additional offenses of aggravated battery and burglary of a conveyance committed while he was awaiting sentence. The court sentenced him to concurrent three-year sentences on the previous violation cases and to forty-five-month sentences on the new offenses which were concurrent with one another, but consecutive to the VOP sentences. Hand complains on appeal that the court did not honor the State’s agreement on the probation pleas and that he should be permitted to withdraw his pleas. We disagree and affirm.
In Goins v. State, 672 So. 2d 30, 31 (Fla.1996), the supreme court discussed the right of defendants to withdraw pleas when they are unhappy with the result of a negotiated plea:
There are many varieties of plea agreements. Negotiations often take place only between the state and the defendant, although in some instances the trial judge participates in the negotiations. Even though the plea has been accepted and regardless of whether the judge participated in the negotiations, the judge is never bound to honor the agreement. [Citations omitted.] However, when there has been a firm agreement for a specified sentence and the judge determines to impose a greater sentence, the defendant has the right to withdraw the plea. [Citation and footnote omitted.] On the other hand, if the agreement only calls for the state to recommend a particular sentence and it is clear that the trial judge may impose a greater sentence, the defendant cannot withdraw the plea if a greater sentence is imposed so long as the state carries out its promise.
There is nothing in the record that suggests that the court agreed to abide by the negotiated sentence. In fact, the court advised Hand that it would have to review an updated presentence investigation report. Further, the court told Hand that it certainly would not honor the agreement if Hand committed any additional offenses pending sentence. Hand does not contend that the State did not honor its promise. ' We see no reason to relieve Hand from the consequence of his plea.
AFFIRMED.
GRIFFIN and THOMPSON, JJ., concur.
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Travoris Lamar George v. State, 764 So. 2d 905 (Fla. 5th DCA 2000)…. See George v. State, 753 So. 2d 100 (Fla. 5th DCA 2000); George v. State, 743 So. 2d 529 (Fla. 5th DCA 1999). . See Orr v. State, 691 So. 2d 572 (Fla. 5th DCA 1997); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). . See Jones v. State, 591 So. 2d 911 (Fla.1991); Young v. State, 724 So. 2d 665 (Fla. 5th DCA 1999). .See Harvey v. Dugger, 656 So. 2d 1253 (Fla.1995); Zeigler v. Sta…
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Roye v. State, 693 So. 2d 1072 (Fla. 5th DCA 1997)…ement by the State to [*1075] recommend a particular sentence but rather called for imposition of a specific sentence of 48 months imprisonment (plus or minus 25 percent as determined by the court) followed by ten years probation. Cf. Hand v. State, 691 So. 2d 572 (Fla. 5th DCA 1997) (defendant who was sentenced to state prison could not withdraw plea where State promised to recommend non-prison sentence; court informed defendant that if he got into trouble he could be sent to prison, and defendant committed…
Authorities Cited
- Kit Goins v. State, 672 So. 2d 30 (Fla. 1996)