LEE JUPITER, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Armstrong v. State, 985 So. 2d 1156 (Fla. 3d DCA 2008)
  …Based on the explicit terms of the plea agreement, we conclude that the State’s decision not to elicit Armstrong’s testimony in the remaining co-defendant’s trial is not evidence that Armstrong breached the plea agreement. See McCullough v. State, 974 So. 2d 1214 (Fla. 2d DCA 2008); Spencer v. State, 623 So. 2d 1211 (Fla. 4th DCA 1993). Indeed, it is impossible to know if Armstrong would have testified on direct examination inconsistently with the testimony he originally provided the State. Because the tria…
• Tyrance Antoine Golfin v. State (Fla. 3d DCA 2024)
  …omplete the boot camp. See Fla. R. Crim. P. 3.170(g)(1) (“Whenever a plea agreement requires the defendant to comply with some specific terms, those terms shall be expressly made a part of the plea entered into in open court.”); McCullough v. State, 974 So. 2d 1214, 1218 (Fla. 2d DCA 2008) (“Because the trial court sentenced McCullough to the twenty-year sentences based upon its erroneous conclusion that McCullough breached the plea agreement, we reverse the sentences.”). We, therefore, reverse the challenged…
• Bailey v. State (Fla. 2d DCA 2020)
  …) that the Government is obligated to uphold its side of the bargain." Id. at 137-38. Florida, too, recognizes that a defendant may be entitled to specific performance of promises made by the State to induce a plea. See, e.g., McCullough v. State, 974 So. 2d 1214, 1218 (Fla. 2d DCA 2008) (holding the appellant was entitled to the sentences that the trial court said would be imposed upon the fulfillment of the conditions of the plea agreement); see also Hutchinson, 845 So. 2d at 1019-20; Taylor, 710 So. 2d at…

Authorities Cited

• Maria E. Mendez-Perez, M.D. v. Jorge H. Perez-Perez, M.D., 656 So. 2d 458 (Fla. 1995)
• Manos v. State, 969 So. 2d 357 (Fla. 2007)
• In re Amendments TO Fla. Rules OF App. Procedure-Rule 9.141 & Rule 9.142, 969 So. 2d 357 (Fla. 2007)