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496 So. 2d 191

496 So.2d 191

11 Fla.L.Weekly 2132

Lamar v. State

District Court of Appeal of Florida

Decided October 8, 1986

District Court of Appeal of Florida · decided 1986-10-08

Relies on 486 So. 2d 57 - Deprycker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-08

How this case has been cited

Cited by 3 later decisions — most recently October 2003

3 state decisions

10198619902000decided

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.

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GUNTHER, Judge.

¶1Defendant appeals the denial of his motion to withdraw a plea of guilty. We reverse.

¶2The defendant had entered a plea of guilty to armed burglary, two counts of sexual battery, and kidnapping. Before agreeing to the negotiated plea, the prosecutor had told the defendant that his presumptive guidelines sentence would be 17 to 22 years, when in fact, the appellant would be in the eighth grid of ten years (9 to 12-year range of discretion). The defendant should be allowed to withdraw his guilty plea where the state encouraged the defendant to plead guilty based upon misapprehension of a possible sentence induced by the state’s miscalculation of appropriate guidelines score. Deprycker v. State, 486 So.2d 57 (Fla. 3d DCA 1986).

¶3REVERSED.

DOWNEY and WALDEN, JJ., concur.
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