JOSEPH ANTHONY SEVERINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1973-12-07
No. 73-7
MANN, C. J., and GRIMES, J., concur.
286 So. 2d 234 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 6 cases
Topics
Auto Theft Commission of a Felony Possession Of A Firearm During The Commission Of A Felony Possession Of A Firearm

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Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

Appellant was charged in one information with escape while lawfully confined in the state prison system and in another information was charged in one count with assault with intent to commit murder in the first degree, the second count of auto theft and the third count of possession of a firearm during the commission of a felony.

Appellant’s attorney negotiated with the state that if appellant would plead guilty the maximum penalty he would receive on the escape charge would be fifteen years .and not more than one year on each of the counts in the three-count information, said sentences to run consecutively. The trial judge sentenced the appellant to one year on the escape charge and five years on each of the offenses in the three-count information, all to be served consecutively.

Although the aggregate of the sentences does not exceed the maximum of eighteen years which was negotiated, this case must be remanded for re-sentencing as to all of fenses within the bounds of the negotiated plea arrangements of which the court was aware.

Reversed and remanded for re-sentencing.

MANN, C. J., and GRIMES, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)
    …v. Alabama, 395 U.S, 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) ; United States v. Blair, 470 F. 2d 331 (5th Cir., 1972), and Fla.Stat. § 810.-04, and § 775.082, F.S.A. * * *” (290 So. 2d at pages 128 and 129) In Severino v. State, Fla.App.2nd 1973, 286 So. 2d 234, a negotiated plea of guilty was entered in accordance with an arrangement whereby the defendant agreed to plead guilty to one information to escape from prison and in another three count information to one count of assault to commit murder in the f…
  • Newberry v. State, 421 So. 2d 546 (Fla. 4th DCA 1982)
    …to this sentencing, the trial judge, having accepted a plea bargain, may not subsequently substantially alter that agreement. Johnson v. State, 332 So. 2d 362 (Fla. 1st DCA 1976); Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975); Severino v. State, 286 So. 2d 234 (Fla. 2d DCA 1973). Therefore, with respect to the issue of the length of the sentence, we hereby reverse and remand with directions to the trial court to either modify and amend the sentence or, in the alternative, to grant the defendant the option…
  • Severino v. State, 297 So. 2d 50 (Fla. 2d DCA 1974)
    …e crime of escape. Under the plea bargain, he could have received up to eighteen years. He was ultimately sentenced to a total of only thirteen years. The order of sentencing is affirmed. MANN, C. J., and BOARDMAN, J., concur. . Fla.App.2d, 1973, 286 So. 2d 234. . 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).…

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