FREDERICK MCCRAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SCHWARTZ, Chief Judge.
We find no error in the determination that the defendant violated the terms of his community control order and therefore affirm the resulting convictions. As to the sentence, the record shows that the trial judge rejected recommendations from the prosecution and community control officer for more lenient treatment and instead imposed a sentence of three years in state prison under the Y.O.A. because he said, he had warned McCray about the severe consequences of his violating his community control when it was imposed, and felt obliged to “keep [his] word.” The transcript of the earlier proceeding reveals, however, that no such warning was given. In these circumstances, in which it appears that the sentence actually imposed resulted from a misapprehension of fact, we deem it appropriate to vacate the sentence and remand for resentencing in the light of this conclusion and other pertinent circumstances. See Scott v. State, 484 So. 2d 100 (Fla. 1st DCA 1986); cf. Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997); Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995); Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994).
Affirmed in part, vacated in part and remanded.
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Citator
Cited By
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Errol Austin Rollman v. State, 855 So. 2d 239 (Fla. 1st DCA 2003)…re no “additional facts ... [come to light] prior to sentencing,” Warner, 762 So. 2d at 514, consistently with due process and the courts’ essential attributes of reliability, integrity, and principled decision making. See generally McCray v. State, 851 So. 2d 221 (Fla. 3d DCA 2003). Accordingly, we certify as questions of great public importance: WHERE A TRIAL COURT ANNOUNCES THE MOST SEVERE SENTENCE THAT WILL BE IMPOSED IN THE EVENT OF A PLEA, MAY THE TRIAL COURT THEREAFTER, ONCE THE PLEA HAS BEEN ACCEPTED…
Authorities Cited
- Ware v. Walt Disney World Co. & Fla. Unemployment Appeals Comm'n, 644 So. 2d 602 (Fla. 2d DCA 1994)
- Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994)
- Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997)
- Elton Angus Scott v. State, 484 So. 2d 100 (Fla. 1st DCA 1986)
- Joseph Middlebrooks & Assocs., Inc. v. Fyne-Kemp, 664 So. 2d 72 (Fla. 3d DCA 1995)
- Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995)