BOBBY JAMES ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY JAMES ALLEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
710 So. 2d 225
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Bobby James Allen appeals the denial of his 3.850 motion. We remand with directions that the trial court either resentence Mr. Allen in accordance with the plea agreement or allow Mr. Allen the opportunity to withdraw his plea. See Eggers v. State, 624 So. 2d 336, 337 (Fla. 1st DCA 1993) (“[T]he trial court must apprise the defendant that the period of incarceration specified in the plea agreement will be followed by a period of probation, if such is the court’s intent.”); Jefferson v. State, 515 So. 2d 407, 408 (Fla. 1st DCA 1987).
ERVIN, BOOTH and BENTON, JJ., concur.
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Spacco v. State, 739 So. 2d 1269 (Fla. 5th DCA 1999)…defendant of the complete terms of a plea agreement, including whether a period of incarceration will or may be followed by a term of probation, and the failure to do so will entitle the defendant to post-conviction relief); see also Allen v. State, 710 So. 2d 225 (Fla. 1st DCA 1998); Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA); Green v. Dugger, 575 So. 2d 750 (Fla. 2d DCA 1991); Jefferson v. State, 515 So. 2d 407 (Fla. 1st DCA 1987). Cf. Perras v. State, 550 So. 2d 131 (Fla. 1st DCA 1989), rev. denied, 562…
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Gen. Motors Corp. v. McGEE, 837 So. 2d 1010 (Fla. 4th DCA 2002)…tion, the erroneous production was prejudicial to GM. Accordingly, the trial court did not abuse its discretion in applying the five factors to determine that GM produced Document 233 inadvertently. See Astaldi Constr. Corp. v. M. Held Plumbing Co., 710 So. 2d 225 (Fla. 3d DCA 1998) (applying abuse of discretion standard to the trial court’s determination of whether production was inadvertent). Further, unlike the discovery of Documents 210, 213, and 225, Document 233 was made available to the court upon the…
Authorities Cited
- Eggers v. State, 624 So. 2d 336 (Fla. 1st DCA 1993)
- Jefferson v. State, 515 So. 2d 407 (Fla. 1st DCA 1987)