HAROLD M. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed and remanded because the trial judge inadvertently failed to honor a plea bargain condition allowing the defendant to withdraw his guilty plea when the pre-sentence investigation showed he was not a proper probation candidate.
A defendant must be afforded the opportunity to withdraw his guilty plea when the trial court finds at sentencing that a condition of the plea bargain—withholding adjudication and probation—cannot be satisfied.
[1] A trial court's inadvertent failure to afford a defendant the opportunity to withdraw a guilty plea as required by a plea bargain condition requires reversal and remand t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceTaylor entered a guilty plea on September 7, 1972, as part of a plea bargain in which the State recommended withholding adjudication and probation. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probation Eligibility cases and more on FLexlaw
ON PETITION FOR RE-HEARING
The timely filed petition for re-hearing is granted and this court’s decision filed January 19, 1973 affirming the judgment without opinion is withdrawn.
The supplemental record which we authorized to be filed in this cause discloses that at the sentencing proceedings held on February 24, 1972, the court inadvertently overlooked a condition of the plea bargain made at the time the guilty plea was entered on September 7, 1972.
As part of the plea bargain the State recommended to the court that there be a withholding of adjudication of guilt and that defendant be placed on probation. The trial judge stated that if the pre-sentence investigation should indicate that defendant was not a proper candidate for probation, the court would afford him the opportunity to withdraw his guilty plea. Subsequently, at the time of sentencing, the court announced that it found from the pre-sentence investigation that appellant was not a proper candidate for probation. However, through inadvertence (due most *308likely to the lapse of time) the court overlooked the agreement to afford defendant the opportunity to withdraw his guilty plea at that time. On the authority of Barker v. State, Fla.App.1972, 259 So.2d 200, recently approved by us in Enos v. State, Fla. App.1973, 272 So.2d 847, we reverse the judgment and sentence and remand this cause with directions that the appellant be allowed to withdraw his plea of guilty and plead anew.
Reversed and remanded with directions.
REED, C. J., and OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomas v. State, 327 So. 2d 63 (Fla. 1st DCA 1976)…ight recommend probation. When the trial judge reached the conclusion that confinement terms were appropriate, appellants should have been affirmatively offered an opportunity to withdraw their pleas prior to imposition of sentence. Taylor v. State, 275 So. 2d 307 (Fla.App. 4th, 1973); Bloom v. State, 290 So. 2d 128 (Fla.App.3d, 1974); Barker v. State, 259 So. 2d 200, 205 (Fla.App.2d, 1972). We note that the trial court entertained and expressed some question concerning his duty in these circumstances and, un…
-
Tamers v. State, 284 So. 2d 402 (Fla. 4th DCA 1973)…he court’s affirmative duty to so advise defendant before sentencing, and call upon him to either affirm or withdraw his plea. Barker v. State, Fla.App.1972, 259 So. 2d 200; Enos v. State, Fla.App.1973, 272 So. 2d 847; Taylor v. State, Fla.App.1973, 275 So. 2d 307. From the record it would appear that defendant has already served his sentence. Thus, we have the anomalous situation of reversing the judgment and sentence already served with directions to allow defendant to withdraw his plea of nolo contendere…
-
Johnson v. State, 338 So. 2d 1322 (Fla. 4th DCA 1976)…uld vitiate the entire “contract” and the defendant should be allowed to withdraw the guilty plea entered pursuant to that contract. Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974); Thomas v. State, 327 So. 2d 63 (1st DCA 1976); Taylor v. State, 275 So. 2d 307 (4th DCA 1973); Moore v. State, 339 So. 2d 228 (Fla.2nd DCA 1976). Accordingly, the trial court erred in refusing to allow appellant to withdraw • his guilty plea when the court concluded that it would no longer honor plea agreement. The judgment a…
Authorities Cited
- Barker v. State, 259 So. 2d 200 (Fla. 2d DCA 1972)
- Enos v. State, 272 So. 2d 847 (Fla. 4th DCA 1973)