State v. Turnquest

District Court of Appeal of Florida

State v. Turnquest

782 So. 2d 993, 2001 Fla. App. LEXIS 5154, 2001 WL 388015

District Court of Appeal of Florida·Decided April 18, 2001·No. No. 4D00-1289·Published

Opinion

PER CURIAM.

The state charged appellee defendant with battery on a law enforcement officer, a third degree felony. The state also filed a notice seeking to classify defendant as a Prison Releasee Reoffender. The trial court, over the state’s objection, accepted a plea to a lesser charge, resisting arrest without violence, and sentenced defendant to nine months. A plea to an offense less than the offense charged can only be accepted by the court where the state consents. Fla.R.Crim.P. 3.170(h). State v. Warner, 721 So.2d 767 (Fla. 4th DCA 1998), approved on other grounds, State v. Warner, 762 So.2d 507 (Fla.2000). We therefore reverse.

DELL, STONE and KLEIN, JJ., concur.

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

PER CURIAM.

The state charged appellee defendant with battery on a law enforcement officer, a third degree felony. The state also filed a notice seeking to classify defendant as a Prison Releasee Reoffender. The trial court, over the state’s objection, accepted a plea to a lesser charge, resisting arrest without violence, and sentenced defendant to nine months. A plea to an offense less than the offense charged can only be accepted by the court where the state consents. Fla.R.Crim.P. 3.170(h). State v. Warner, 721 So.2d 767 (Fla. 4th DCA 1998), approved on other grounds, State v. Warner, 762 So.2d 507 (Fla.2000). We therefore reverse.

DELL, STONE and KLEIN, JJ., concur.

State v. Turnquest, 782 So. 2d 993, 2001 Fla. App. LEXIS 5154, 2001 WL 388015 (Fla. Ct. App. 2001).

Pincite

782 So. 2d 993 (State v. Turnquest) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related