Alvis v. State

District Court of Appeal of Florida

Alvis v. State

421 So. 2d 769, 1982 Fla. App. LEXIS 22103

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1982

DocketNo. 82-354

StatusPublished

Cited by3 cases

This text of 421 So. 2d 769 (Alvis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvis v. State, 421 So. 2d 769, 1982 Fla. App. LEXIS 22103 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Appellant was charged by information with (1) introduction of contraband to a detention facility, (2) carrying a concealed firearm, (3) battery, (4) driving without a registration, (5) driving while intoxicated, and (6) unlawful blood alcohol content. Pursuant to plea negotiations, appellant entered a guilty plea to the carrying a concealed firearm count, with the remaining counts being nolle prossed. Appellant was adjudicated pursuant to the plea and placed on probation for five years. One of the conditions of probation was that he not drive or operate a motor vehicle without special permission of the court.

Appellant thereupon filed a motion for rehearing and/or to vacate or set aside sentence, premised upon the ground that the special condition of probation was not contemplated by the plea agreement. The motion was denied. We are satisfied that appellant established the ground raised by his motion; namely that the condition imposed was not contemplated by the plea negotiations. Accordingly, we reverse the judgment and imposition of probation and remand with direction that appellant be permitted to withdraw his plea of guilty in order that the matter may proceed in a manner consistent with such withdrawal.

DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.

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PER CURIAM.

Appellant was charged by information with (1) introduction of contraband to a detention facility, (2) carrying a concealed firearm, (3) battery, (4) driving without a registration, (5) driving while intoxicated, and (6) unlawful blood alcohol content. Pursuant to plea negotiations, appellant entered a guilty plea to the carrying a concealed firearm count, with the remaining counts being nolle prossed. Appellant was adjudicated pursuant to the plea and placed on probation for five years. One of the conditions of probation was that he not drive or operate a motor vehicle without special permission of the court.

Appellant thereupon filed a motion for rehearing and/or to vacate or set aside sentence, premised upon the ground that the special condition of probation was not contemplated by the plea agreement. The motion was denied. We are satisfied that appellant established the ground raised by his motion; namely that the condition imposed was not contemplated by the plea negotiations. Accordingly, we reverse the judgment and imposition of probation and remand with direction that appellant be permitted to withdraw his plea of guilty in order that the matter may proceed in a manner consistent with such withdrawal.

DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.

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421 So. 2d 769, 1982 Fla. App. LEXIS 22103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvis-v-state-fladistctapp-1982.

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