Summary
holding that trial court erred in denying the defendant's motion to withdraw his plea where the defendant pled guilty based on a misapprehension of the possible sentence induced by the State's miscalculation of the appropriate scoring under the guidelines where the error was discovered before sentencing
Summary of this case from Wagner v. StateOpinion
No. 85-1648.
April 8, 1986.
Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.
Concededly, the defendant-appellant pled guilty based on a misapprehension of the possible sentence induced by the state's miscalculation of the appropriate scoring under the guidelines. When the error was discovered before sentencing, he moved to withdraw the plea and now challenges the denial of that motion. We reverse on the authority of Tobey v. State, 458 So.2d 90 (Fla. 2d DCA 1984). See also Ritchie v. State, 458 So.2d 877 (Fla. 2d DCA 1984); Banks v. State, 136 So.2d 25 (Fla. 1st DCA 1962); see generally Forbert v. State, 437 So.2d 1079 (Fla. 1983). Accordingly, the judgment under review is reversed and the cause remanded with directions to permit the withdrawal of the plea.