Broomfield v. State

Full title: WALTER WALKER BROOMFIELD, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 5, 1987

514 So. 2d 1135 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2184.

November 5, 1987.

Appeal from the Circuit Court for Seminole County; Robert B. McGregor, Judge.

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Following plea negotiations, defendant entered a plea of guilty to burglary of a dwelling. The plea negotiations resulted in an agreement for an illegal sentence. "A trial court cannot impose an illegal sentence pursuant to a plea bargain." Williams v. State, 500 So.2d 501, 503 (Fla. 1986). Therefore, we vacate the sentence and remand for further proceedings.

Sentence VACATED; REMANDED.

COBB, J., and LEE, R.E., Jr., Associate Judge, concur.