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394 So. 2d 230

Docket No. 80-910.

Cleveland v. State

William Henry CLEVELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 25, 1981.

District Court of Appeal of Florida · decided 1981-02-25

Key passage — most relied on by later courts

“exercise its option to accept the plea with the sentence reduced to a legal term.”

quoted by 2 later decisions, including 437 So. 2d 1079 - Forbert v. State, 452 So. 2d 1148 - Chaney v. State

Relies on 392 So. 2d 54 - Jolly v. State · State v. Sudol

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-25

How this case has been cited

Cited by 13 later decisions — most recently December 2001

13 state decisions

80198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1William Henry Cleveland, in pro. per.

¶2Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COBB, Judge.

¶4The appellant, as the defendant below, negotiated a plea and sentence before the trial court in return for the dismissal by the state of other counts against him. He then challenged the sentence as illegal pursuant to Florida Rule of Criminal Procedure 3.850. He was sentenced to ten years imprisonment for attempted armed burglary, a third-degree felony with a maximum term of five years. State v. Sudol,357 So.2d 761 (Fla. 4th DCA 1978). Therefore, the negotiated sentence is illegal.

¶5In accordance with our opinion in Jolly v. State,392 So.2d 54 (Fla. 5th DCA 1981), we vacate the plea, the judgment and sentence, and reinstate the dismissed counts; provided, however, if the state should exercise its option to accept the plea with the sentence reduced to a legal term, then the other counts shall again be dismissed and the plea and the judgment shall stand as the predicate for a new sentence consistent with Florida law. See §§ 777.04(4)(c) and 775.082(3)(d), Fla. Stat. The affirmative exercise of the option to accept the plea accompanied by a legal sentence shall be exercised by the state before the trial court *231 within thirty (30) days of the issuance of the mandate herein; otherwise, the case returns to its status before the original plea bargain.

¶6REVERSED and REMANDED for further proceedings consistent with this opinion.

¶7DAUKSCH, C.J., and ORFINGER, J., concur.

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