Dawkins v. State

District Court of Appeal of Florida

Dawkins v. State

651 So. 2d 1317, 1995 Fla. App. LEXIS 3205, 1995 WL 133340

District Court of Appeal of Florida·Decided March 29, 1995·No. No. 94-1855·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellant, Clyde Dawkins, appeals his sentence. We reverse.

Appellant agreed to and pleaded to a guidelines sentence of fifteen years imprisonment. The trial court sentenced appellant to a term of fifteen years imprisonment, followed by five years probation.

Because the trial court sentenced appellant to terms not contemplated by the plea agreement, we reverse the sentence and remand for resentencing pursuant to the plea agreement or to allow appellant to withdraw his plea. See Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990).

Reversed and remanded with instructions.

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

PER CURIAM.

Appellant, Clyde Dawkins, appeals his sentence. We reverse.

Appellant agreed to and pleaded to a guidelines sentence of fifteen years imprisonment. The trial court sentenced appellant to a term of fifteen years imprisonment, followed by five years probation.

Because the trial court sentenced appellant to terms not contemplated by the plea agreement, we reverse the sentence and remand for resentencing pursuant to the plea agreement or to allow appellant to withdraw his plea. See Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990).

Reversed and remanded with instructions.

Dawkins v. State, 651 So. 2d 1317, 1995 Fla. App. LEXIS 3205, 1995 WL 133340 (Fla. Ct. App. 1995).

Pincite

651 So. 2d 1317 (Dawkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related