State v. Turnquest

District Court of Appeal of Florida

State v. Turnquest

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

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 2001

DocketNo. 4D00-1289

StatusPublished

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

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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.

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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.

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Bluebook (online)

782 So. 2d 993, 2001 Fla. App. LEXIS 5154, 2001 WL 388015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-turnquest-fladistctapp-2001.

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