JOSE M. GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that when a court imposes a greater sentence than agreed upon in a plea agreement, the defendant is entitled to withdraw their plea.
Jose M. Garcia appealed his sentence imposed upon revocation of probation, asserting the court imposed a five-year sentence after agreeing to a three-…
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PER CURIAM.
Jose M. Garcia appeals his sentence imposed on revocation of probation. Garcia asserts that the court erred in sentencing him to five years in prison, after having agreed to sentence him to three years. Because the record demonstrates that the court did so agree, we reverse and remand for further proceedings.
As the state properly represents in its brief, when the court imposes a greater sentence than that in an accepted plea agreement, the defendant is entitled to withdraw his plea. State v. Warner, 762 So. 2d 507 (Fla.2000); Goins v. State, 672 So. 2d 30 (Fla.1996); Williams v. State, 958 So. 2d 529 (Fla. 4th DCA 2007); Taylor v. State, 919 So. 2d 669 (Fla. 2d DCA 2006); Roye v. State, 693 So. 2d 1072 (Fla. 5th DCA 1997). As that is precisely what occurred in this case, on remand, the defendant shall be allowed to withdraw his plea and proceed with this cause.1
Reversed and remanded with instructions.
. We are not unmindful that the proper vehicle to challenge the sentence in this case is by motion to withdraw plea. Taylor v. State, 919 So. 2d 669 (Fla. 2d DCA 2006); see Balkaran v. State, 950 So. 2d 478 (Fla. 4th DCA 2007). However, the record here demonstrates "the merit of a claim of ineffective assistance of trial counsel, then we may consider this issue on direct appeal.” Taylor, 919 So. 2d at 670-71. Therefore, in the interest of judicial economy, we reverse and allow defendant to withdraw his plea. Id. at 671.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Diggs v. State, 12 So. 3d 864 (Fla. 5th DCA 2009)…. P. 9.140(b)(2)(A)(ii). Consequently, we conclude that the face of the record clearly indicates an ineffective assistance of counsel claim. See Barber, 901 So. 2d at 366; see also Taylor v. State, 919 So. 2d 669 (Fla. 2d DCA 2006); Garcia v. State, 981 So. 2d 561 (Fla. 3d DCA 2008). We reverse and remand to allow Diggs the opportunity either to withdraw his plea or to accept the sentence as rendered. REVERSED AND REMANDED. PALMER, C.J., and LAWSON, J„ concur.…
Authorities Cited
- State v. Warner, 762 So. 2d 507 (Fla. 2000)
- Kit Goins v. State, 672 So. 2d 30 (Fla. 1996)
- Lucius Taylor v. State, 919 So. 2d 669 (Fla. 2d DCA 2006)
- Newgent v. State, 693 So. 2d 1072 (Fla. 3d DCA 1997)
- Jagnarine Balkaran v. State, 950 So. 2d 478 (Fla. 4th DCA 2007)
- Williams v. State, 958 So. 2d 529 (Fla. 4th DCA 2007)