KURT RICKMAN, 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 held that it was error to assess points for firearm possession when it was an element of the crime.
Rickman pleaded no contest to burglary and grand theft based on a plea agreement. The agreement included a condition for substantial assistance to avo…
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 Essential Element Of A Crime cases and more on FLexlaw
GOSHORN, Judge.
Pursuant to a plea agreement, Rickman agreed to plead no contest to burglary of a dwelling and grand theft of a shotgun in return for the State’s agreement to drop two additional counts. The State further agreed not to assess 18 points on the seoresheet for possession of a firearm if Rickman rendered substantial assistance to the county drug unit. Because Rickman failed to assist the unit, the trial court included the 18 points in the seoresheet total and sentenced Rickman to 28 months’ incarceration.1
The supreme court has since held that it is error to assess 18 points on a sentencing guideline seoresheet for possession of a firearm where possession is one of the essential elements of the crime for which a defendant is being sentenced. White v. State, 714 So. 2d 440 (Fla.1998). Because the plea agreement was based on a fundamental infirmity, upon remand the State must be given the opportunity of either going to trial on all original counts or agreeing that the sentences should be vacated and Rickman be resentenced under a seoresheet exclusive of the 18 points. See Farmer v. State, 672 So. 2d 639 (Fla. 5th DCA 1996); Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981).
REVERSED and REMANDED for further proceedings.
COBB and PETERSON, JJ., concur. . The sentence was at the low end of the range, calculated at 27.1 to 45.2 prison months.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)…agreement is a contract between the parties, the state must likewise be accorded the opportunity to void the plea agreement where a lesser sentence than that contemplated by the plea agreement will be imposed. See Parker. See also Rickman v. State, 713 So. 2d 1115 (Fla. 5th DCA 1998). This conclusion is subject to a significant caveat recently recognized in State v. Warner, 762 So. 2d 507 (Fla.2000). In Warner, the supreme court held that judicial participation in the plea bargaining process is permissible6…
-
Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)…delines considerations were not part of the plea agreement, relief can be denied. If they were, the state shall have the option of taking Parker to trial on all of the original charges, or resentencing him under the guidelines. See Rickman v. State, 713 So. 2d 1115 (Fla. 5th DCA 1998); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). REVERSED and REMANDED. COBB and PLEUS, JJ., concur. . § 827.03(2), Fla. Stat. (1995). . § 827.03(1), Fla. Stat. (1995). . Art. Ill, § 6, Fla. Const. . § 827.03(2), Fla. St…
-
Lancaster v. State, 764 So. 2d 835 (Fla. 5th DCA 2000)…ef under Heggs, on remand the state must then be given the opportunity of either going to trial or agreeing that Lancaster be resentenced under a 1994 scoresheet, because the plea agreement was based on a fundamental infirmity. See Rickman v. State, 713 So. 2d 1115 (Fla. 5th DCA 1998). REVERSED AND REMANDED. COBB, W. SHARP and HARRIS, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981)
- Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
- Carvie William Farmer v. State, 672 So. 2d 639 (Fla. 5th DCA 1996)