Babbs v. State

District Court of Appeal of Florida

Babbs v. State

561 So. 2d 1320, 1990 Fla. App. LEXIS 3904, 1990 WL 70622

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 1990

DocketNo. 89-1572

StatusPublished

Cited by2 cases

This text of 561 So. 2d 1320 (Babbs 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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Babbs v. State, 561 So. 2d 1320, 1990 Fla. App. LEXIS 3904, 1990 WL 70622 (Fla. Ct. App. 1990).

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Opinion

HERSEY, Chief Judge.

We reverse and remand with instructions to give appellant an opportunity to withdraw his guilty plea. The plea was entered pursuant to a negotiated plea agreement which was based upon premises later discovered to be inaccurate. As a result, the agreement could not be honored by the state. The result is controlled by the rule in Goldberg v. State, 536 So.2d 364 (Fla. 2d DCA 1988), and is substantially different from the situation in Johnson v. State, 541 So.2d 1213 (Fla. 2d DCA 1989). Here, appellant bargained for a sentence substantially less than the five years and one year which were imposed. It is true that he misled the court, for which he has been punished by contempt, but that does not alter the requirement that he be permitted to withdraw his plea.

REVERSED and REMANDED with instructions.

WARNER and GARRETT, JJ., concur.

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HERSEY, Chief Judge.

We reverse and remand with instructions to give appellant an opportunity to withdraw his guilty plea. The plea was entered pursuant to a negotiated plea agreement which was based upon premises later discovered to be inaccurate. As a result, the agreement could not be honored by the state. The result is controlled by the rule in Goldberg v. State, 536 So.2d 364 (Fla. 2d DCA 1988), and is substantially different from the situation in Johnson v. State, 541 So.2d 1213 (Fla. 2d DCA 1989). Here, appellant bargained for a sentence substantially less than the five years and one year which were imposed. It is true that he misled the court, for which he has been punished by contempt, but that does not alter the requirement that he be permitted to withdraw his plea.

REVERSED and REMANDED with instructions.

WARNER and GARRETT, JJ., concur.

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Bluebook (online)

561 So. 2d 1320, 1990 Fla. App. LEXIS 3904, 1990 WL 70622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babbs-v-state-fladistctapp-1990.

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