Lollar v. State
This text of 443 So. 2d 1079 (Lollar 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.
Opinion
Bobby Joe LOLLAR, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
Jerry Hill, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.
OTT, Chief Judge.
Pursuant to negotiations, appellant agreed to plead nolo contendere and the state agreed to remain silent at appellant's sentencing hearing. The state failed to keep the bargain. Appellant's motion to withdraw his plea was denied. Instead, a new sentencing hearing was scheduled before a successor judge. We reverse.
A defendant should be allowed to withdraw his plea when the terms of a plea bargain are not honored. See, e.g., Nesmith v. State, 374 So.2d 1139 (Fla. 2d DCA 1979) (trial judge declined to honor plea bargain); Wood v. State, 357 So.2d 1060 (Fla. 1st DCA 1978) (state violated agreement to recommend concurrent sentences). Vetter v. State, 425 So.2d 575 (Fla. 2d DCA 1982), relied on by the trial judge, is factually distinguishable. There, the defendant moved to vacate his sentence only.
REVERSED and REMANDED for further proceedings not inconsistent with this opinion.
DANAHY and CAMPBELL, JJ., concur.
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443 So. 2d 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lollar-v-state-fladistctapp-1984.