From Casetext: Smarter Legal Research

Booker v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 1997
693 So. 2d 73 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2942

Opinion filed April 25, 1997

Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge.

James G. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G.

Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


This is an appeal from an order denying a motion to withdraw a guilty plea.

This is another example of why trial judges should avoid sentence bargaining. The state and the defendant agreed to an arrangement whereby appellant would plead guilty to certain crimes and the state would nolle prosequi other charges. It was also agreed in open court that the state would "recommend" a particular sentence involving serving time in a work-release program. The court accepted the plea agreement and sentenced appellant accordingly. There was no mention to appellant that certain qualifications need to be met to entitle him to serve his sentence in the work-release program, even though the judgment contains the qualification wording. It was later determined he did not qualify.

Because appellant was given to understand that his bargain with the state and the court restricted the time he would serve to a work-release program, he was misled into his plea. He should have been allowed to withdraw his plea and go to trial on all of the charges, including those which were nolle prosequied.

ORDER QUASHED; REMANDED.

COBB and THOMPSON, JJ., concur.


Summaries of

Booker v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 1997
693 So. 2d 73 (Fla. Dist. Ct. App. 1997)
Case details for

Booker v. State

Case Details

Full title:ERIC O. BOOKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 25, 1997

Citations

693 So. 2d 73 (Fla. Dist. Ct. App. 1997)

Citing Cases

Taylor v. State

Despite the understanding of all parties to the appellant's entry of a guilty plea that he would serve the…