PAT BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-11-19
No. V-475
RAWLS, C. J., and McCORD, J., concur.
303 So. 2d 89 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 2 cases
Topics
Negotiated Plea Agreement Presentence Investigation Report Sentencing Discretion

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Opinion of the Court
BOYER, Judge.

BOYER, Judge.

Appellant, through her attorney, announced to the court that she desired to withdraw her prior plea of not guilty and enter a plea of guilty to a lesser offense, aggravated assault. The trial judge stated: “I have discussed your case out of your presence and prior to the sentence I will order a presentence investigation and I have indicated one year in the event I do impose sentence.” The plea was obviously a negotiated plea. When appellant returned for sentencing the Judge announced that he had had an opportunity to review the presentence investigation and had determined that a prison sentence was appropriate. He thereupon imposed a sentence of two years imprisonment.

We reverse and remand for the reasons set forth in our opinion in Kurlin v. State, Fla.App. 1st 1974, 302 So. 2d 147, Opinion filed October 24, 1974. As in the Kurlin case, it will not be necessary for the defendant to be again brought before the trial judge for the purpose of resentencing for a period not in excess of one year. It is so ordered.

RAWLS, C. J., and McCORD, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Thomas v. State, 327 So. 2d 63 (Fla. 1st DCA 1976)
    …with the holdings in the cases cited in the majority opinion. Indeed, this Court has carefully chronicled the steps to be observed incident to plea bargaining. (See Kurlin v. State, Fla.App.1st 1974, 302 So. 2d 147; Brown v. State, Fla.App.1st 1974, 303 So. 2d 89) However, neither our own prior opinions, nor those of our sister courts cited in the majority opinion, nor Rule 3.171, RCrP, require reversal in the case sub judice. A reading of the record in this case reveals that on no less than five occasions p…
  • Pirtle v. State, 316 So. 2d 281 (Fla. 1975)
    …OVERTON, Justice. This cause is before us on petition for writ of certiorari to review the decision of the Second District Court of Appeal reported at 303 So. 2d 89 (Fla.App.2d 1974). The decision sought to be reviewed conflicts with Lyles v. State, 299 So. 2d 146 (Fla.App.1st 1974). At issue is the failure of the trial judge to properly determine a factual basis for the guilty plea, as required in Rule of Cri…

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