State v. Rodriguez

District Court of Appeal of Florida

State v. Rodriguez

865 So. 2d 664, 2004 Fla. App. LEXIS 1666, 2004 WL 298704

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 2004

DocketNo. 3D02-1292

StatusPublished

This text of 865 So. 2d 664 (State v. Rodriguez) 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

State v. Rodriguez, 865 So. 2d 664, 2004 Fla. App. LEXIS 1666, 2004 WL 298704 (Fla. Ct. App. 2004).

Pincite

Opinion

LEVY, Judge.

The State of Florida appeals from a sentence imposed pursuant to a plea to a lesser included offense. We reverse.

On September 15, 2000, the State filed an Information against the Defendant, charging him with one count of cannabis trafficking. The Defendant entered a plea of no contest to the lesser included offense of possession of marijuana with intent to deliver. The trial court found the Defendant guilty, withheld adjudication, and imposed one year of community control followed by one year of probation. The Defendant was required to perform 300 hours of community service with the possibility of converting the last six months of community control to probation. This appeal follows.

The State contends that the trial court erred in accepting a plea to the lesser included offense without the consent of the prosecutor. We agree. Florida Rule of Criminal Procedure 3.170(h) states that a defendant “may plead guilty to any lesser offense than that charged that is included in the offense charged in the indictment or information or to any lesser degree of the offense charged” with the consent of the trial court and of the prosecutor. The Record does not indicate any agreement by the State to the reduced charge. Thus, [665]*665the trial court improvidently accepted the plea to the lesser included offense absent consent from the State. Accordingly, this case is reversed and remanded to the trial court for proceedings consistent with this Opinion.

Reversed.

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LEVY, Judge.

The State of Florida appeals from a sentence imposed pursuant to a plea to a lesser included offense. We reverse.

On September 15, 2000, the State filed an Information against the Defendant, charging him with one count of cannabis trafficking. The Defendant entered a plea of no contest to the lesser included offense of possession of marijuana with intent to deliver. The trial court found the Defendant guilty, withheld adjudication, and imposed one year of community control followed by one year of probation. The Defendant was required to perform 300 hours of community service with the possibility of converting the last six months of community control to probation. This appeal follows.

The State contends that the trial court erred in accepting a plea to the lesser included offense without the consent of the prosecutor. We agree. Florida Rule of Criminal Procedure 3.170(h) states that a defendant “may plead guilty to any lesser offense than that charged that is included in the offense charged in the indictment or information or to any lesser degree of the offense charged” with the consent of the trial court and of the prosecutor. The Record does not indicate any agreement by the State to the reduced charge. Thus, [665]*665the trial court improvidently accepted the plea to the lesser included offense absent consent from the State. Accordingly, this case is reversed and remanded to the trial court for proceedings consistent with this Opinion.

Reversed.

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Bluebook (online)

865 So. 2d 664, 2004 Fla. App. LEXIS 1666, 2004 WL 298704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-fladistctapp-2004.