JAMES C. HOAG, 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 a plea is involuntary if based on an incorrect understanding of sentencing guidelines, and the defendant is entitled to resentencing or withdrawal of the plea.
Appellant pleaded guilty based on a negotiated sentence at the middle of the 1995 guidelines, but alleged the sentence at the median of the 1994 guide…
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 Negotiated Sentence cases and more on FLexlaw
WHATLEY, Acting Chief Judge.
James C. Hoag appeals the summary denial of his motions for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order regarding Hoag’s claims that the trial court failed to adjudicate him guilty of his offenses and that his plea was involuntary because the trial court did not perform a complete plea colloquy. We reverse Hoag’s remaining claim.
Hoag pleaded guilty to two offenses that occurred during the Heggs1 window in exchange for a negotiated sentence. He alleges that the plea agreement called for a sentence at the middle of the 1995 guidelines and that the sentence at the median of the 1994 guidelines would have been substantially lower. Hoag argues that his plea was therefore involuntary. We agree.
We first note that Hoag’s claim is facially sufficient in that he has alleged that his plea agreement was predicated on a guidelines sentence. See Bell v. State, 795 So. 2d 1140 (Fla. 1st DCA 2001). Nor is the claim refuted by the record. In fact, the transcript attached by the trial court to refute the claim actually verifies that the plea agreement called for the median guidelines sentence. We therefore reverse and remand for the trial court to either resentence Hoag to the median of the 1994 guidelines if the State agrees or, if the State does not agree, to allow Hoag to withdraw his pleas. See Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001). If Hoag withdraws his pleas, the State may, of course, proceed to trial on the original charges. See id.
Affirmed in part, reversed in part, and remanded.
GREEN and DAVIS, JJ., Concur. . See Heggs v. State, 759 So. 2d 620 (Fla.2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hoag v. State, 12 So. 3d 907 (Fla. 2d DCA 2009)…he scoresheet, the offense of attempted second-degree murder should have been scored as a level 8 offense for 9.6 points. See §§ 777.04(1), 782.04(2), 921.0012(3)©, Fla. Stat. (1995); Fla. R.Crim. P. 3.702(c) & (d)(6), 3.990; see also Hoag v. State, 801 So. 2d 207 (Fla. 2d DCA 2001). As a result, 1.2 points were erroneously added to Mr. Hoag’s score-sheet total. As originally scored, Mr. Hoag’s total sentencing points equaled 298, resulting in a recommended state prison sentence of 270 months, with a permiss…
-
Rambo v. State, 816 So. 2d 191 (Fla. 2d DCA 2002)…. We caution Rambo, however, that if he files a sufficient motion to withdraw his plea, the State will have the option of accepting a sentence at the low end of the 1994 guidelines or bringing him to trial on the original charges. See Hoag v. State, 801 So. 2d 207 (Fla. 2d DCA 2001); Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001). If Rambo is convicted after a trial on the original charges, he may receive a sentence that is significantly longer than the 120 month sentence he is serving presently. In add…
-
Jones v. State, 826 So. 2d 1104 (Fla. 2d DCA 2002)…ry. If the court finds it was not, the State will have the option of accepting a sentence at the low end of the 1994 guidelines or bringing Jones to trial on the original charges. See Rambo v. State, 816 So. 2d 191 (Fla. 2d DCA 2002); Hoag v. State, 801 So. 2d 207 (Fla. 2d DCA 2001). Reversed and remanded. FULMER and STRINGER, JJ., Concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001)
- Bell v. State, 795 So. 2d 1140 (Fla. 1st DCA 2001)