REYNALDO RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court errs in imposing a departure sentence exceeding the agreed-upon maximum at a plea hearing without allowing the defendant to withdraw their plea.
Reynaldo Rodriguez pleaded no contest to attempted second-degree murder and shooting into an occupied vehicle, conditioned on a guidelines sentence of…
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[*477] ALTENBERND, Judge.
Reynaldo Rodriguez appeals his judgments and sentences imposed after he pleaded no contest to attempted second-degree murder and shooting into an occupied vehicle. We reverse.
At the plea hearing, all parties and the trial court understood that Mr. Rodriguez’s plea was conditioned upon a guidelines sentence of not more than 22 years’ imprisonment. Nevertheless, at the sentencing hearing, the trial court heard testimony from the victims and then imposed departure sentences which exceeded the 22-year maximum sentence agreed upon at the plea hearing. Mr. Rodriguez did not object to the departure sentence and did not file a motion to withdraw his plea in the trial court.
On appeal, Mr. Rodriguez correctly contends the trial court erred in sentencing him to a greater term than agreed upon when he tendered his plea. Because the trial court failed to affirmatively permit Mr. Rodriguez to withdraw his plea after it decided to depart from the guidelines rather than sentence him to the agreed-upon 22 years’ imprisonment, we must reverse his judgments and sentences. Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988); Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987); Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983). We remand for further proceedings at which Mr. Rodriguez shall be given the opportunity to withdraw his plea. Because of this disposition, we do not address the validity of the reasons for departure.
Reversed and remanded with directions.
PARKER, A.C.J., and PATTERSON, J., concur.
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Kit Goins v. State, 672 So. 2d 30 (Fla. 1996)…GRIMES, Chief Justice. We review Goins v. State, 652 So. 2d 1283 (Fla. 1st DCA 1995), because of its conflict [*31] with Rodriguez v. State, 610 So. 2d 476 (Fla. 2d DCA 1992), Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987), and Kiefer v. State, 295 So. 2d 688 (Fla. 2d DCA 1974). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution. The court below affirmed Goins’ convi…
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Bolling v. State, 631 So. 2d 310 (Fla. 5th DCA 1994)…olo contendere pleas in Circuit Court Case Numbers 92-1196 and 92-1066 or agree to maintain the pleas with knowledge that he would receive the more severe sentence. See Evans v. State, 567 So. 2d 553 (Fla. 5th DCA 1990). See also Rodriguez v. State, 610 So. 2d 476 (Fla. 2d DCA 1992). It is clear from the prosecution of this appeal that the defendant does not agree with the more severe sentence. Thus, the cause is remanded with instructions that the trial court: (1) impose a sentence in accordance with the ple…
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D.D.W. v. State, 686 So. 2d 747 (Fla. 2d DCA 1997)…7 So. 2d 242 (Fla. 1st DCA 1995). When a trial judge cannot honor the conditions of a plea agreement, the judge must affirmatively offer the defendant an opportunity to withdraw the plea. Goins v. State, 672 So. 2d 30 (Fla.1996); Rodriguez v. State, 610 So. 2d 476 (Fla. 2d DCA 1992); Kiefer v. State, 295 So. 2d 688 (Fla. 2d DCA 1974). A motion to withdraw a plea need not be made to preserve the issue for appeal. Goins, 672 So. 2d at 32. In the instant case, appellant has demonstrated manifest injustice and a…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goldberg v. State, 536 So. 2d 364 (Fla. 2d DCA 1988)
- Perry v. State, 510 So. 2d 1083 (Fla. 2d DCA 1987)
- Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983)