JOHN ANGULO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Angulo appealed his seven-year prison sentence, contending that the trial court violated his plea agreement by refusing to sentence him as a youthful offender despite his guilty plea. The appellate court affirmed the sentence, holding that Angulo failed to preserve the plea agreement violation issue by not filing a motion to withdraw his plea, and on the merits, the trial court properly found that Angulo did not provide the substantial assistance required under the agreement.
The court held that Angulo failed to preserve the plea agreement violation issue because he did not file a motion to withdraw his plea as required by Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii). On the merits, the court held that because the trial court made a specific finding that Angulo did not provide substantial assistance as required by the agreement, and Angulo failed to challenge that finding, he violated the plea agreement and was properly sentenced at the court's discretion.
[1] Appeals from guilty pleas and pleas of nolo contendere are limited to specific grounds, including lack of subject matter jurisdiction, violations of the plea agreement, i…
[2] To appeal a violation of a plea agreement or an involuntary plea following a guilty plea or plea of nolo contendere, the defendant must preserve the issue by filing a mot…
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Join FLexlaw to unlock all legal intelligence“A defendant who pleads guilty or nolo contendere may otherwise directly appeal only a) the lower tribunal's lack of subject matter jurisdiction; b) a violation of the plea agreement, if •preserved by a motion to withdraw plea”
Establishes the procedural requirement that plea agreement violations must be preserved by a motion to withdraw the plea to be appealable.
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Join FLexlaw to unlock all legal intelligenceAngulo was arrested and charged with six felonies and one misdemeanor. He entered into a plea agreement under which he would be sentenced as a youthfu…
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[*356] ORFINGER, J.
After being arrested and charged with six felonies and one misdemeanor, John Angulo pled guilty to the charges pursuant to an agreement that called for Angulo to be sentenced as a youthful offender if he provided substantial assistance to the Marion County Sheriffs Department. The plea agreement further provided that if Angulo failed to provide substantial assistance or otherwise violated the terms of his release pending sentencing, his sentence would be determined solely at the court’s discretion. After concluding that Angulo had not provided substantial assistance to law enforcement, the trial court declined to sentence him as a youthful offender, but, instead, sentenced him to seven years in prison. Angulo now appeals, contending that his plea agreement was violated when the trial court failed to sentence him as a youthful offender. We disagree and affirm.
Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii) provides that appeals from guilty pleas and pleas of nolo contendere may only be taken as follows:
A defendant who pleads guilty or nolo contendere may otherwise directly appeal only
a) the lower tribunal’s lack of subject matter jurisdiction;
b) a violation of the plea agreement, if •preserved by a motion to withdraw plea;
c) an involuntary plea, if preserved by a motion to withdraw plea;
d) a sentencing error, if preserved; or
e) as otherwise provided by law.
(emphasis added). As evidenced by the rule, issues regarding the violation of a plea agreement or the involuntariness of the plea must be preserved by a motion to withdraw the plea. State v. T.G., 800 So. 2d 204, 210 (Fla.2001); Robinson v. State, 373 So. 2d 898 (Fla.1979). No motion to withdraw the plea was made in this case. Because the issue was not preserved, we cannot consider it on appeal.
Irrespective of the procedural impediment to the relief sought by Angulo, on the merits, he comes up short as well. The court made a specific finding that he did not provide substantial assistance as agreed upon. Angulo has not challenged that finding. As a result, because Angulo violated the plea agreement, he was, therefore, properly sentenced at the discretion of the court.
AFFIRMED.
PETERSON and PLEUS, JJ„ concur.
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Williams v. State, 873 So. 2d 1248 (Fla. 5th DCA 2004)…equate plea colloquy, the violation of a plea agreement or the involuntariness of the plea must be raised by a motion to withdraw the plea. State v. T.G., 800 So. 2d 204, 210 (Fla.2001); Robinson v. State, 373 So. 2d 898 (Fla.1979); Angulo v. State, 857 So. 2d 355 (Fla. 5th DCA 2003). Likewise, an issue concerning a sentence which exceeds the terms contained in a plea agreement is not a sentencing error but instead is a violation of the plea agreement which must, be raised through a motion to withdraw. Willi…
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Victor v. State, 871 So. 2d 1009 (Fla. 5th DCA 2004)…PER CURIAM. AFFIRMED. See Kearse v. State, 858 So. 2d 1247 (Fla. 5th DCA 2003); Angulo v. State, 857 So. 2d 355 (Fla. 5th DCA 2003). SHARP, W., MONACO and TORPY, JJ., concur.…
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Combs v. State, 873 So. 2d 1238 (Fla. 5th DCA 2004)…[*1239] PER CURIAM. AFFIRMED. See Bennett v. State, 858 So. 2d 1251, 1253 (Fla. 5th DCA 2003); Angulo v. State, 857 So. 2d 355, 356 (Fla. 5th DCA 2003). SAWAYA, C.J., PLEUS and PALMER, 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
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- State v. T.G., 800 So. 2d 204 (Fla. 2001)