Public-domain · open source
OpenJurist

465 So. 2d 627

465 So.2d 627

10 Fla.L.Weekly 769

White v. State

District Court of Appeal of Florida · decided 1985-03-20

Cited by 1 later decisions — most recently August 1991

1 state decisions

Relies on Behrman v. Behrman · Dunkel v. State · 457 So. 2d 546 - Stranigan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-20

View the full empirical analysis of this case →

RYDER, Chief Judge.

¶1Appellant pleaded nolo contendere to the charges of aggravated battery and aggravated assault and guilty to the charge of possession of a controlled substance with the understanding that he would receive probation and no more than six months incarceration. The trial judge, however, after reviewing the presentenee investigation report, sentenced appellant to two years of community control on each charge, to run concurrently.

¶2Appellant’s plea agreement was not honored when he was sentenced to community control instead of probation. Community control is a more severe sanction than probation. Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984). When the plea agreement was not honored through mistake, inadvertence or change of the trial judge’s approval of the agreement, appellant should have been given the opportunity to withdraw his plea before sentencing. Stranigan; Dunkel v. State, 432 So.2d 201 (Fla. 2d DCA 1983); Gumbiner v. State, 429 So.2d 828 (Fla. 2d DCA 1983); Freeman v. State, 376 So.2d 294 (Fla. 2d DCA 1979).

¶3Accordingly, the judgments and sentences are vacated and set aside and this case is remanded to the trial court to allow *628appellant the opportunity to withdraw his pleas.

OTT and CAMPBELL, JJ., concur.
/465/so2d/627 · .json · Public domain