IRA BLOOM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's fifteen-year sentence was reduced to five years because the prosecutor and trial court led him to believe the maximum sentence would be five years when he entered his guilty plea.
A sentence imposed after a defendant is led to believe he will receive a lesser maximum sentence upon entering a guilty plea is illegal and must be amended to reflect the promised sentence.
[1] A sentence imposed after representations to a defendant that he will receive a lesser maximum sentence upon entering a guilty plea is illegal and must be amended to the p…
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Join FLexlaw to unlock all legal intelligence“A sentence of fifteen years, where the defendant has been led to believe that he will receive only five years if he enters his guilty plea, clearly cannot stand.”
Court's explanation of why the sentence was illegal
Appellant entered a guilty plea after the prosecuting attorney and trial court stated the maximum sentence would be five years, but he was sentenced t…
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PER CURIAM.
This appeal was begun as a petition for habeas corpus and a delayed appeal was granted pursuant to holding in Baggett v. Wainwright, Fla.1969, 229 So. 2d 239. Appellant alleges, and the record substantiates his allegation, that at the time of the entry of his guilty plea, the prosecuting attorney stated that the maximum sentence under the charge was five years. The court accepted the statement of the assistant state attorney, and in questions directed to the appellant stated that if the guilty plea were accepted, the sentence would in all probability be for the maximum of five years. Appellant was sentenced to fifteen years.
Appellant did not ask in the trial court to have his plea set aside. We therefore hold that this is an appeal from an illegal sentence. A sentence of fifteen years, where the defendant has been led to believe that he will receive only five years if he enters his guilty plea, clearly cannot stand. See Boykin 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. Therefore, the sentence this cause is amended to read “. that you be imprisoned by confinement at hard labor in the STATE PENITENTIARY for a term of Five (5) years, credit to be given for time served in the Dade County Jail prior to sentencing, to-wit: One Hundred Forty-Six (146) days”.' The sentence as amended is affirmed. in
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)…harsher or more lengthy sentence. It is important that citizens, including those accused of crimes, have confidence in their government, particularly the judicial branch. Our sister court of the Third District, in Bloom v. State, Fla.App.3rd 1974, 290 So. 2d 128, considering a case wherein the trial judge had concurred in a representation by the State that the defendant, upon entering a plea of guilty, would receive no more than a five-year sentence, said: “ * * * A sentence of fifteen years, where the def…
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Thomas v. State, 327 So. 2d 63 (Fla. 1st DCA 1976)…d 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, unfortunately, that the response of appellants’ trial c…
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Williams v. State, 365 So. 2d 460 (Fla. 1st DCA 1978)…ect appeal where as here that attack on the voluntariness of the plea appears on its face to be substantial. See Lovelace v. Wainwright, 352 So. 2d 907 (Fla. 1st DCA 1977); Wood v. State, 357 So. 2d 1060 (Fla. 1st DCA 1978). See also Bloom v. State, 290 So. 2d 128 (Fla. 3d DCA 1974). The record indicates that a great deal of confusion surrounded the giving of appellant’s plea. It appears that the officer who had investigated the drug charges against appellant had agreed to recommend that the sentence on the…
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
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- United States v. Blair, 470 F.2d 331 (5th Cir. 1972)