JUSTIN SCOTT BELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Neeld v. State, 977 So. 2d 740 (Fla. 2d DCA 2008)
  …d remand for additional proceedings because the trial court did not require the State to present evidence that Mr. Neeld violated the terms of his plea agreement. This opinion and the opinion issued simultaneously in Henson v. State, No. 2D06-3575, 977 So. 2d 736, 2008 WL 782883 (Fla. 2d DCA Mar.26, 2008), both involve a plea agreement that occurs with some regularity in the Sixth Judicial Circuit and perhaps elsewhere. The plea agreement allows the defendant to be released from jail or remain at liberty pen…
• Smith v. State, 988 So. 2d 1258 (Fla. 5th DCA 2008)
  …trast, when an enhanced sentence for failure to appear in court at a later time is not part of the negotiated plea, a court must allow the defendant an opportunity to withdraw the plea before it imposes the more severe sentence. See Henson v. State, 977 So. 2d 736 (Fla. 2d DCA 2008); Payne, 624 So. 2d at 816. See also Nesmith v. State, 374 So. 2d 1139 (Fla. 2d DCA 1979). Here, the terms set out by the trial court were not part of the plea agreement. The trial court accepted Smith’s plea before articulating w…

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• McCLOUGH v. State, 74 So. 3d 158 (Fla. 2d DCA 2011)
  …. State, 974 So. 2d 582, 584 (Fla. 2d DCA 2008). Neither is his failure to object to the sentence at the hearing. Given the trial court’s statements at sentencing, we can conceive of a tactical explanation for counsel’s silence. See Henson v. State, 977 So. 2d 736, 739 (Fla. 2d DCA 2008); Williamson, 974 So. 2d at 584. Counsel had a reasonable basis to be concerned that given another opportunity, the court would have allowed McClough to withdraw his plea and sentenced him to a significantly longer term. See R…