ERNEST JAY TAMERS, 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 held that a defendant must be allowed to withdraw a nolo contendere plea if the court rejects the negotiated plea recommendation and proceeds to sentencing without offering the defendant the opportunity to withdraw.
Defendant entered a nolo contendere plea based on a negotiated plea agreement. Six months later, the court rejected the agreement's recommendation and…
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 Right To Withdraw Plea cases and more on FLexlaw
DOWNEY, Judge.
Defendant was charged with obtaining property in return for a worthless check. On April 25, 1973, counsel for the state and defendant presented a negotiated plea to the court, i. e., defendant would withdraw his plea of not guilty, plead nolo con-tendere, the court to withhold adjudication and place defendant on probation. The court advised defendant it would order a presentence investigation and, if unable to accept the recommended plea, it would allow defendant to withdraw his nolo plea.
Six months later, after receipt of the presentence investigation, the court rejected the recommendation and sentenced defendant to one year in the Division of Corrections. No doubt due to the lapse of time, no one mentioned defendant’s right to withdraw his plea of nolo contendere. While it would certainly appear the public defender representing defendant should have called this to the court’s attention, it is the 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 and plead anew. However, defendant has continued to maintain this appeal and he is entitled to a determination on the merits thereof.
Accordingly, the judgment and sentence appealed from is reversed and the cause is remanded with directions that defendant be allowed to withdraw his plea of nolo con-tendere, and enter such plea as he deems advisable.
Reversed and remanded with directions.
OWEN, C. J., and WALDEN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)…ed for. In any event, if the trial court decided, for good cause, to pan-cel the agreement the appellant should have been so advised and he should have been permitted to withdraw his plea of guilty and plead anew. (Tamers v. State, Fla.App.4th 1973, 284 So. 2d 402; Enos v. State, Fla.App.4th 1973, 272 So. 2d 847; Sanders v. State, Fla.App.2nd 1972, 268 So. 2d 553, and Barker v. State, Fla.App. 2nd 1972, 259 So. 2d 200.) Indeed, the State in its brief concurs. It is apparent therefore that the sentence appea…
-
Jackson v. State, 634 So. 2d 1102 (Fla. 4th DCA 1994)…hus, the trial judge had an affirmative duty to give appellant the opportunity to withdraw his plea where the sentence given was consecutive and not concurrent as promised. See Rodriguez v. State, 624 So. 2d 380 (Fla. 4th DCA 1993); Tamers v. State, 284 So. 2d 402 (Fla. 4th DCA 1973). We therefore must remand this cause to the trial court with directions that appellant be allowed to withdraw his plea and plead anew. We also agree with appellant that the trial court erred in ordering him to pay restitution f…
-
Poole v. State, 634 So. 2d 1154 (Fla. 4th DCA 1994)…on and sentence and remand with directions that further proceedings be held consistent with such agreement or that appellant be afforded an opportunity to withdraw his plea. See Rodriguez v. State, 610 So. 2d 476 (Fla. 2d DCA 1992); Tamers v. State, 284 So. 2d 402 (Fla. 4th DCA 1973). In circuit court ease number 92-2147, appellant’s plea was entered pursuant to plea negotiations at trial, following defense counsel’s announcement that he would not defend the case on the merits because he felt an earlier plea…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barker v. State, 259 So. 2d 200 (Fla. 2d DCA 1972)
- Enos v. State, 272 So. 2d 847 (Fla. 4th DCA 1973)
- Taylor v. State, 275 So. 2d 307 (Fla. 4th DCA 1973)