KELVIN BOUIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A defendant must be resentenced in accordance with a plea agreement or be given the opportunity to withdraw their plea if the agreement is violated.
Defendant entered a plea agreement limiting his sentence to eight years if found a habitual felony offender. The court later imposed a sentence exceed…
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On Motion for Rehearing
PER CURIAM.
Upon consideration of appellant’s motion for rehearing, we withdraw the opinion dated June 11, 1997, and substitute the following opinion:
Kelvin Bouie appeals his convictions and sentences for sale of cocaine, contending that the sentences imposed exceed the maximum allowed under the plea agreement. The State concedes that defendant-appellant’s point is well taken.
In April 1996, defendant entered into a plea agreement which provided that if defendant were found to be a habitual felony offender, then his sentence would not exceed eight years. The plea agreement was approved by the court. In May 1996, defendant was found to be a habitual felony offender. The court imposed a sentence consisting of eight years incarceration followed by seven years probation. Defendant was not given an opportunity 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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Citator
Cited By
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Hansani Weaver v. State, 785 So. 2d 504 (Fla. 3d DCA 1999)…ent, defendant did not waive, either explicitly or implicitly, his right to such credit. Accordingly, we reverse and remand with directions for the trial court to award defendant credit for time served under his split sentence. See James v. State, 698 So. 2d 402 (Fla. 3d DCA 1997). Reversed and remanded with directions.…
Authorities Cited
- Kit Goins v. State, 672 So. 2d 30 (Fla. 1996)
- Foye v. State, 558 So. 2d 537 (Fla. 3d DCA 1990)
- State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990)
- Dawkins v. State, 651 So. 2d 1317 (Fla. 3d DCA 1995)