MICKEY ALLEN BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in accepting a nolo contendere plea without informing the defendant that jurisdiction could be retained over one-third of the sentence.
Appellant pleaded nolo contendere and was sentenced with retention of jurisdiction over one-third of the sentence. He filed a motion arguing he was no…
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LEHAN, Judge.
Appellant was adjudicated guilty based upon his nolo contendere plea. The trial court’s sentence included retention of juris diction over one third of the sentence. Appellant, in a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure, contended that the trial court erred in accepting his nolo contendere plea because the trial court "had not informed him that the trial court could retain jurisdiction over one third of the sentence which could be imposed.
The trial court’s order denying appellant’s motion does not demonstrate that the court informed defendant that jurisdiction could be retained over one third of defendant’s sentence; the order indicates that the defendant was not so informed. Failure to so inform a defendant under these circumstances is error. State v. Green, 421 So. 2d 508 (Fla.1982); Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983).
Therefore, we reverse and remand. Upon remand, the trial court can (1) furnish this court with evidence that defendant had been informed of the court’s ability to so retain jurisdiction or (2) either strike that portion of the sentence or allow defendant the opportunity to withdraw his plea.
REVERSED AND REMANDED WITH INSTRUCTIONS.
HOBSON, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985)…second point on appeal, we hold as error the trial court’s failure to inform Emory before he was sentenced that the court would retain jurisdiction over any portion of the sentence imposed. State v. Green, 421 So. 2d 508 (Fla.1982); Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983). In any event, since appellant was sentenced under the guidelines, the retention of jurisdiction with respect to parole was inappropriate. Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985). The judgments and sentences are AFFIRM…
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Mrozowski v. State, 444 So. 2d 587 (Fla. 2d DCA 1984)…1982). Mrozowski contends that in accepting his plea the trial court erred in failing to inform him that it could retain jurisdiction over one-half of any sentence imposed. He is correct. State v. Green, 421 So. 2d 508 (Fla.1982); Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983); Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983). Accordingly, we reverse and remand to the trial court. On remand the court must either strike that portion of the judgment and sentence retaining jurisdiction over one-ha…
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Jones v. State, 459 So. 2d 1151 (Fla. 1st DCA 1984)…a defendant before his plea is accepted, otherwise he would not be completely informed of the consequences of his plea. See also Shofner v. State, 433 So. 2d 657 (Fla. 1st DCA 1983); Ward v. State, 433 So. 2d 1221 (Fla. 3d DCA 1983); Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983). Nor should there be any question that the defendant was disadvantaged by the sentence imposed. Admittedly the trial judge could have sentenced appellant outside the guidelines to a five-year term of imprisonment. See Sections 81…
Authorities Cited
- State v. Green, 421 So. 2d 508 (Fla. 1982)
- Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983)