¶1Concededly, the defendant-appellant pled guilty based on a misapprehension of the possible sentence induced by the state’s miscalculation of the appropriate scoring under the guidelines. When the error was discovered before sentencing, he moved to withdraw the plea and now challenges the denial of that motion. We reverse on the authority of Tobey v. State, 458 So.2d 90 (Fla. 2d DCA 1984). See also Ritchie v. State, 458 So.2d 877 (Fla. 2d DCA 1984); Banks v. State, 136 So.2d 25 (Fla. 1st DCA 1962); see generally Forbert v. State, 437 So.2d 1079 (Fla.1983). Accordingly, the judgment under review is reversed and the cause remanded with directions to permit the withdrawal of the plea.
486 So. 2d 57
486 So.2d 57
11 Fla.L.Weekly 837
Deprycker v. State
District Court of Appeal of Florida
Decided April 8, 1986
District Court of Appeal of Florida · decided 1986-04-08
Relies on 437 So. 2d 1079 - Forbert v. State · 136 So. 2d 25 - Banks v. State · 458 So. 2d 90 - Tobey v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1986-04-08
How this case has been cited
Cited by 3 later decisions — most recently February 2005
3 state decisions
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