Polite v. State

District Court of Appeal of Florida

Polite v. State

588 So. 2d 330, 1991 Fla. App. LEXIS 11365, 1991 WL 231785

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1991

DocketNo. 90-2914

StatusPublished

Cited by1 cases

This text of 588 So. 2d 330 (Polite 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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Polite v. State, 588 So. 2d 330, 1991 Fla. App. LEXIS 11365, 1991 WL 231785 (Fla. Ct. App. 1991).

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Opinion

JOANOS, Chief Judge.

Appellant has urged that he entered a negotiated plea of nolo contendere to a charge of grand theft, with the understanding that he would receive a five-year sentence. He appeals the imposition of an eight-year sentence as an habitual felony offender, alleging the trial court erred in imposing a sentence greater than the five-year sentence appellant understood he would receive, without affording appellant an opportunity to withdraw the plea. We affirm, without prejudice to appellant’s right to file a motion to withdraw his plea. See Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990).

ALLEN, J., and WENTWORTH, Senior Judge, concur.

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JOANOS, Chief Judge.

Appellant has urged that he entered a negotiated plea of nolo contendere to a charge of grand theft, with the understanding that he would receive a five-year sentence. He appeals the imposition of an eight-year sentence as an habitual felony offender, alleging the trial court erred in imposing a sentence greater than the five-year sentence appellant understood he would receive, without affording appellant an opportunity to withdraw the plea. We affirm, without prejudice to appellant’s right to file a motion to withdraw his plea. See Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990).

ALLEN, J., and WENTWORTH, Senior Judge, concur.

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588 So. 2d 330, 1991 Fla. App. LEXIS 11365, 1991 WL 231785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polite-v-state-fladistctapp-1991.

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