Ballard v. State

District Court of Appeal of Florida

Ballard v. State

741 So. 2d 1212, 1999 Fla. App. LEXIS 12706, 1999 WL 765864

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 1999

DocketNo. 98-04249

StatusPublished

This text of 741 So. 2d 1212 (Ballard 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.

Bluebook

Ballard v. State, 741 So. 2d 1212, 1999 Fla. App. LEXIS 12706, 1999 WL 765864 (Fla. Ct. App. 1999).

Pincite

Opinion

WHATLEY, Judge.

William Ballard appeals the denial of his motion to withdraw his no contest pleas and his motion to correct his sentences. He contends that his sentences do not comply with his plea agreement. We agree and reverse.

Ballard’s plea agreement provided that he would receive credit for time served with respect to “each count he is sentenced on.” We agree with Ballard that this required any credit for time served to which he was entitled to be subtracted from each sentence. The trial court failed to honor this aspect of the plea agreement in sentencing Ballard, and therefore, he should have been permitted to withdraw his pleas. See Geiger v. State, 532 So.2d 1298 (Fla. 2d DCA 1988).

Accordingly, we reverse and remand with instructions to the trial court to allow Ballard to withdraw his pleas. On remand, the State may again charge Ballard with the counts it nolle prossed as part of the plea agreement. See Fine v. State, 728 So.2d 307 (Fla. 5th DCA 1999); Geiger, 532 So.2d at 1298.

Reversed and remanded with directions.

CAMPBELL, A.C.J., and STRINGER, J., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI