Buckins v. State

Full title: DERRICK LAMAR BUCKINS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Jun 20, 2012

No. 4D10-5196 (Fla. Dist. Ct. App. Jun. 20, 2012)

Opinion

No. 4D10-5196

06-20-2012

DERRICK LAMAR BUCKINS, Appellant, v. STATE OF FLORIDA, Appellee.

Derrick Lamar Buckins, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

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Affirmed. See State v. Gutierrez, 10 So. 3d 158, 159 (Fla. 3d DCA 2009) (where sentence is a result of a plea agreement for a specific sentence, the trial court does not have authority to circumvent that through a motion to mitigate); Kight v. State, 784 So. 2d 396, 401 (Fla. 2001) (court rejects claims of disparate sentencing where co-defendant's lesser sentence was a result of plea agreement or prosecutorial discretion). WARNER, POLEN and GROSS, JJ., concur.

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Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case No. 562007CF002820A.

Derrick Lamar Buckins, Wewahitchka, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

Not final until disposition of timely filed motion for rehearing.