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White v. State

District Court of Appeal of Florida, Second District
Mar 20, 1985
465 So. 2d 627 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1828.

March 20, 1985.

Appeal from the Circuit Court for Pinellas County, Fred L. Bryson, J.

James Marion Moorman Public Defender, Bartow and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.


Appellant 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 presentence investigation report, sentenced appellant to two years of community control on each charge, to run concurrently.

Appellant'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).

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

OTT and CAMPBELL, JJ., concur.


Summaries of

White v. State

District Court of Appeal of Florida, Second District
Mar 20, 1985
465 So. 2d 627 (Fla. Dist. Ct. App. 1985)
Case details for

White v. State

Case Details

Full title:GEORGE ASBURY WHITE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 20, 1985

Citations

465 So. 2d 627 (Fla. Dist. Ct. App. 1985)

Citing Cases

In re Ladd

Fla. Stat. Ann. § 948.001(1) (1985). Although community control is a more severe sanction than probation, see…