MIRAN LAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-07-30
No. 96-01688
DANAHY, A.C.J., and FRANK, J., concur.
697 So. 2d 937 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 3 cases
Topics
Indeterminate Commitment Adult Sanctions Adjudication Of Delinquency Plea Bargaining

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Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The appellant, Miran Lawson, was charged as an adult with possession of cocaine with intent to sell or deliver, sale of cocaine, and resisting an officer without violence. The offenses were allegedly committed when Lawson was seventeen years of age. Pursuant to plea negotiations, Lawson agreed to plead guilty to sale of cocaine, and the state agreed to dismiss the remaining charges. Lawson agreed to the imposition of adult sanctions, including up to six months of incarceration in the county jail and up to three years of probation. At sentencing, the trial court adjudged Lawson to be delinquent and committed him to the Department of Juvenile Justice for an indeterminate period.

Lawson contends the trial court erred in failing to impose the sentence he agreed to pursuant to his plea bargain with the state. The state concedes error. We therefore reverse Lawson’s adjudication and commitment and remand with directions that if the trial court cannot honor the plea agreement, Lawson should be given an opportunity to withdraw his plea and proceed to trial.

Reversed and remanded.

DANAHY, A.C.J., and FRANK, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Huff v. State, 700 So. 2d 787 (Fla. 2d DCA 1997)
    …scussion, but reverse some portions of the sentencing order. Huff correctly contends that the trial court failed to orally pronounce the discretionary fine of $44.77, imposed pursuant to section 775.083, Florida Statutes (1995). See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d —, 1997 WL 400340 (Fla. 2d DCA July 18,1997). Therefore, we strike this discretionary fine. As to condition eight dealing with drug and alcohol testing and treatment, Huff con…
  • Lemuel Ronald Harris v. State, 700 So. 2d 85 (Fla. 2d DCA 1997)
    …and sentence with the following exceptions and remand for resentencing. We strike the discretionary fine of $44.77 and the surcharge of $2.23 because the trial court failed to orally pronounce the statutory basis for the fine. See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d -, 1997 WL 400340 (Fla. 2d DCA July 18, 1997). In addition, because the trial court imposed a public defender’s lien without advising Harris of his right to contest the lien,…
  • Chuck Junior Williams v. State, 700 So. 2d 750 (Fla. 2d DCA 1997)
    …CA 1992). Williams next contends that the trial court erred in assessing a $44.77 discretionary fine; pursuant to section 775.083, Florida Statutes (1995), without announcing the fine at sentencing. We agree and strike the fine. See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d —, 1997 WL 400340 (Fla. 2d DCA July 18, 1997). As to Conditions 8, 20 and 24 dealing with drug and alcohol testing and treatment, Williams contends that he was given no notice…

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