NELSON ESTOPINAN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lamar v. State, 496 So. 2d 191 (Fla. 4th DCA 1986)
  …ndant should be allowed to withdraw his guilty plea where the state encouraged the defendant to plead guilty based upon misapprehension of a possible sentence induced by the state’s miscalculation of appropriate guidelines score. Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986). REVERSED. DOWNEY and WALDEN, JJ., concur.…
• Wagner v. State, 895 So. 2d 453 (Fla. 5th DCA 2005)
  …st exceed the preliminary evaluation, then the defendant who has pleaded guilty or nolo contendere in reliance upon the judge’s preliminary sentencing evaluation during plea bargaining has an absolute right to withdraw the plea); Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986)(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 sco…
• Cobb v. State, 595 So. 2d 590 (Fla. 4th DCA 1992)
  …. State, 496 So. 2d 191 (Fla. 4th DCA 1986), that his guilty plea was based on a misapprehension, unwittingly fostered by the state, that he was exposed to a life sentence. The facts and issue here are also indistinguishable from Deprycker v. State, 486 So. 2d 57 (Fla. 3d DCA 1986). I would let him take his chances with a jury and, if he be found guilty, the consequent sentence.…

Authorities Cited

• Donnie Lee Ivory v. State, 351 So. 2d 26 (Fla. 1977)