STATE OF FLORIDA, APPELLANT,
v.
DEREECE TIMIKA HOWELL, APPELLEE
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Florida appellate court reversed trial court's modification of a sentence imposed pursuant to a plea agreement, holding that trial courts lack discretion to unilaterally modify sentences that were negotiated as part of a binding plea agreement.
A trial court lacks discretion to modify a sentence previously imposed pursuant to a plea agreement.
[1] A trial court lacks discretion to modify a sentence imposed pursuant to a binding plea agreement, as such modification deprives the State of the benefit of its bargain.
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Join FLexlaw to unlock all legal intelligenceAppellee entered a plea agreement calling for 48 months' probation with 6 months in work release for aggravated assault with a deadly weapon, resistin…
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The State of Florida appeals an order of the trial court modifying the sentence imposed after Appellee, who was represented by private counsel, entered into a plea agreement. The plea agreement called for a sentence of forty-eight months’ probation, six months of which was to be spent in the Orange County Jail Work Release Program for the offenses of aggravated assault with a deadly weapon, resisting *302merchandise recovery and petit theft. As part of the agreement, the State entered a nolle prosequi on the aggravated battery with a deadly weapon charge.
A few weeks later, Appellee sent the trial court a pro se motion to modify her sentence, asking for a reduction to eighteen months of probation and ninety days of work release. Though not of record, apparently the trial judge communicated to defense counsel that he would entertain the motion if it were filed by counsel. Counsel filed the motion, and the trial court entered an order reducing the six months of work release to ninety days. The State appeals, seeking enforcement of the plea agreement and the benefit of its bargain. We agree that the trial court lacked the discretion to modify the sentence previously imposed pursuant to the plea agreement. State v. Swett, 772 So.2d 48 (Fla. 5th DCA 2000). We accordingly reverse and remand to the trial court with instructions to vacate the order of modification.
REVERSED and REMANDED.
GRIFFIN, EVANDER and JACOBUS, JJ., concur.
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State v. LaFAVE, 113 So. 3d 31 (Fla. 2d DCA 2012)…egotiated plea agreement that expressly prohibited early termination of probation. Florida courts have routinely recognized that circuit courts lack discretion to modify sentences previously imposed pursuant to plea agreements. See State v. Howell, 59 So. 3d 301, 302 (Fla. 5th DCA 2011); State v. Gutierrez, 10 So. 3d 158,159 (Fla. 3d DCA 2009); see also Arango v. State, 891 So. 2d 1195, 1196 (Fla. 3d DCA 2005) (on motion for rehearing) (denying certiorari “[s]ince the plea bargain ... did not give the trial…
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Enea v. State, 171 So. 3d 219 (Fla. 5th DCA 2015)…nal judicial and State resources to be further expended in the Defendant’s case in light of the Defendant’s good conduct and the completion of all affirmative requirements of probation.” The trial court denied the motion, citing to State v. Howell, 59 So. 3d 301 (Fla. 5th DCA 2011).1 In Howell, we found that the trial court lacked discretion under Florida Rule of Criminal Procedure 3.800(c) to modify the defendant’s sentence following a plea agreement. See id. at 302 (“We agree that the trial court lacked t…
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State v. Rojas (Fla. 3d DCA 2022)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)