MICHAEL CHARLES LAMBERT, 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 the sentence must be vacated and remanded because the trial court did not follow the negotiated plea recommendation.
Appellant entered a negotiated plea where the trial court indicated he would receive jail time and a recommendation for a youthful offender's facility…
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 Vacating Sentence cases and more on FLexlaw
PER CURIAM.
At arraignment, appellant entered a negotiated plea. During this proceeding, the following colloquy was had between appellant and the trial judge:
“THE COURT: Well, you would probably — there is not going to be any probation in this case, do you understand that? You are going to get jail time?
“DEFENDANT LAMBERT: Yes, sir. “THE COURT: And recommendation for youthful offender’s facility. Do you have any other understanding about what is going to happen to you?
“DEFENDANT LAMBERT: No, sir.”
The trial court sentenced appellant to the custody of the Department of Offender Rehabilitation of the State of Florida to be imprisoned for a term of five years. The trial court did not, however, recommend appellant to be placed in a youthful offenders’ facility.
By its brief, appellee suggests that this court might determine that appellant be accorded confinement in a youth services program.
Pursuant to Adams v. State, 328 So. 2d 48 (1 Fla.App.1976), appellant’s sentence is vacated and the cause is remanded to the trial court to either impose sentence in accordance with the recommendation, or vacate the judgment and offer appellant an opportunity to withdraw his. plea.
Reversed and remanded with directions.
RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.