Harnage v. State

District Court of Appeal of Florida

Harnage v. State

680 So. 2d 626, 1996 Fla. App. LEXIS 10630, 1996 WL 583150

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1996

DocketNo. 96-610

StatusPublished

Cited by2 cases

This text of 680 So. 2d 626 (Harnage 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

Harnage v. State, 680 So. 2d 626, 1996 Fla. App. LEXIS 10630, 1996 WL 583150 (Fla. Ct. App. 1996).

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Opinion

COBB, Judge.

In the instant case the appellant Harnage, 17 years of age, offered a nolo plea to burglary and theft charges as an adult subject to a maximum adult sentence of four and one-half years rather than be sentenced as a youthful offender, which entailed a possible sentence of six years. The trial court agreed and subsequently sentenced Harnage to seven years incarceration without affording him the opportunity to withdraw his plea as required by Goins v. State, 672 So.2d 80 (Fla.1996). We also note that the scoresheet utilized by the sentencing judge contained an incorrect recommended and permitted sentencing range.

Appellant’s conviction and sentence are reversed and this cause is remanded for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

W. SHARP and THOMPSON, JJ., concur.

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COBB, Judge.

In the instant case the appellant Harnage, 17 years of age, offered a nolo plea to burglary and theft charges as an adult subject to a maximum adult sentence of four and one-half years rather than be sentenced as a youthful offender, which entailed a possible sentence of six years. The trial court agreed and subsequently sentenced Harnage to seven years incarceration without affording him the opportunity to withdraw his plea as required by Goins v. State, 672 So.2d 80 (Fla.1996). We also note that the scoresheet utilized by the sentencing judge contained an incorrect recommended and permitted sentencing range.

Appellant’s conviction and sentence are reversed and this cause is remanded for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

W. SHARP and THOMPSON, JJ., concur.

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Bluebook (online)

680 So. 2d 626, 1996 Fla. App. LEXIS 10630, 1996 WL 583150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harnage-v-state-fladistctapp-1996.

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