STATE OF FLORIDA, PETITIONER,
v.
TYRONE COWART, RESPONDENT
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PER CURIAM.
We have for review the decision in State v. Cowart, 762 So. 2d 527 (Fla. 2d DCA 1999), which the court certified to be in conflict with the opinion in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently approved the First District’s decision in Woods, holding that the Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act. See State v. Cotton, SC94996 & SC95281, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we quash the Second District’s decision in this case, and remand for further proceedings consistent with this opinion. Because it appears that the respondent entered a plea of guilty based upon the trial court’s indication that respondent, upon such plea, would not be sentenced pursuant to the Act, upon remand to the trial court, respondent shall have the right to withdraw his guilty plea.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000).
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Francesco F. Zambuto v. Palm Beach Cnty., 804 So. 2d 355 (Fla. 4th DCA 2001)…itled to rely on the court’s statement that he can appeal when he agrees to enter into a plea, and the fact that he cannot appeal entitles him to withdraw his plea. See Carlisle v. State, 687 So. 2d 929 (Fla. 4th DCA 1997); see also State v. Cowart, 761 So. 2d 1100 (Fla.2000) (supreme court held that the defendant would have the right to withdraw his guilty plea upon remand when his plea was based on trial court’s erroneous indication that the Prison Releasee Reof-fender Punishment Act did not apply to him). T…
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Motes v. State, 129 So. 3d 446 (Fla. 1st DCA 2013)…t reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal; motion was, in fact, not dispositive and “appellant was entitled to rely on the court’s statement”); see also State v. Cowart, 761 So. 2d 1100, 1100-01 (Fla.2000) (reversing with instructions to permit defendant to withdraw his plea where trial court erroneously indicated defendant could not be sentenced pursuant to the Prison Releasee Reoffender Punishment Act). “When a negotiated plea ag…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)
- Parker v. State, 762 So. 2d 527 (Fla. 4th DCA 1998)