JUSTIN MAYS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant must raise any discrepancy between counsel's advice and the court's sentencing information during the plea colloquy, or risk waiving the claim.
Appellant sought to withdraw his plea, alleging his counsel misadvised him about the maximum sentence. The trial court had informed him of a lower max…
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We affirm appellant’s sentences and reject his claim that he should have been allowed to withdraw his plea based upon misadvice of counsel as to the maximum sentence he would have to serve were he convicted at trial. While he alleges that counsel told him he would serve forty years, during the plea colloquy the trial court informed him that his maximum sentence for the crime of attempted robbery would be fifteen years, as well as 8.375 years for each of the other two charges against him.1 He was sentenced to 8.375 years on each charge to be served concurrently. In Jones v. State, 680 So.2d 585, 587 (Fla. 4th DCA 1996), we said in connection with a similar claim:
Here, the judge correctly advised defendant as to [his sentence]. Defendant indicated that he understood the nature of the potential sentence. If he had been told something different by his lawyer, defendant was obligated to speak up at the plea conference and ask the court about the discrepancy. He could not stand mute, accept the benefits of the plea, and then collaterally attack its vol-untariness on the basis of something that should have been cleared up at the time of the plea.
Similarly, after the trial court informed him of the maximum sentence which was substantially shorter than what he claims his counsel informed him, it was his obligation to clear this up if it was material to his acceptance of the plea.
Affirmed.
POLEN and HAZOURI, JJ., concur.
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Kevern Hagley v. State, 100 So. 3d 191 (Fla. 4th DCA 2012)…PER CURIAM. Affirmed. See Mays v. State, 3 So. 3d 423 (Fla. 4th DCA 2009). WARNER, CIKLIN and GERBER, JJ., concur.…
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Breon Antwon Davis v. State, 184 So. 3d 1259 (Fla. 5th DCA 2016)…irty days of sentencing. However, any alleged misadviee from defense counsel as to the possible sentence may have been corrected during the plea colloquys by the judge correctly advising defendant of the potential or maximum sentence. Mays v. State, 3 So. 3d 423, 424 (Fla. 4th DCA 2009). A defendant is not allowed to -withdraw his or her guilty plea after sentence has been imposed based on the alleged misadviee of" defense counsel as to the maximum length' of his sentence where, during the plea colloquy, bo…
Authorities Cited
- Jones v. State, 680 So. 2d 585 (Fla. 4th DCA 1996)