Therefore, those amounts are stricken from the judgment. See Johnson v. State, 648 So.2d 263, 263 (Fla. 5th DCA 1994) (affirming judgment and sentence but striking cost award imposed without statutory authority). In all other respects, the judgment is affirmed.
Affirmed. See Johnson v. State, 648 So.2d 263, 263 (Fla. 5th DCA 1994) (“Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it.”) (citation omitted).GERBER, LEVINE and FORST, JJ., concur.
Unfortunately, Garren believed that he would receive probation based on legal advice from jail inmates, and "[w]here the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it." See Acee v. State, 935 So.2d 1258, 1258-59 (Fla. 5th DCA 2006) (quoting Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994)). When a defendant enters an open plea, he or she indicates a "willingness to accept anything up to and including the maximum possible sentence."
See Bell v. State, 895 So.2d 1290 (Fla. 5th DCA 2005) (holding "a claim . . . that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal"); Davis v. State, 783 So.2d 288, 289 (Fla. 5th DCA 2001) ("The withdrawal of a guilty plea is not a matter of right, but . . . a question addressed to the sound discretion of the trial court."); Kent v. State, 702 So.2d 265, 266 (Fla. 5th DCA 1997) (stating that allegations of memory loss and a failure to understand the seriousness of penalties are not necessarily sufficient grounds to require a competency hearing); Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994) ("Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it.") THOMPSON, SAWAYA and LAWSON, JJ., concur.
In short, a mistake of some fact solely within the knowledge or control of the defendant has not been approved as a basis for withdrawing a plea. In Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994), this court held: Johnson's basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it.
We find no other error in this case except the court's imposition of a condition to pay $84.00 to First Step of Volusia County, Inc., which we strike. See Walker v. State, 653 So.2d 484 (Fla. 5th DCA 1995); Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994); Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994). AFFIRMED; Condition to pay First Step of Volusia County, Inc. STRICKEN.
AFFIRMED. See Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994). DAUKSCH, W. SHARP and THOMPSON, JJ., concur.
In this Anders appeal, the special condition of probation directing payment to First Step of Volusia County, Inc. is hereby stricken. See Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994); Sweet v. State, 644 So.2d 176 (Fla. 5th DCA 1994). In all other respects, appellant's judgment and sentencing disposition are affirmed.