State v. Wheeler

District Court of Appeal of Florida

State v. Wheeler

756 So. 2d 230, 2000 Fla. App. LEXIS 4809, 2000 WL 484065

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 2000

DocketNo. 3D99-1102

StatusPublished

Cited by1 cases

This text of 756 So. 2d 230 (State v. Wheeler) 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. Wheeler, 756 So. 2d 230, 2000 Fla. App. LEXIS 4809, 2000 WL 484065 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

The state appeals from an order invalidating a sentence which the parties previously stipulated in a plea agreement would be imposed if, as actually occurred, the defendant violated the probation which was granted as a condition of suspending the sentence. We find no basis whatever for this ruling both because the sentence was not an illegal one and because the defendant could not properly be heard to contend otherwise after receiving the benefit of the bargain. See Madrigal v. State, 545 So.2d 392 (Fla. 3d DCA 1989). Accordingly, the order under review is reversed and the cause remanded for appropriate sentencing in accordance with the prior agreement and the applicable law. See Williams v. State, 594 So.2d 273 (Fla.1992).

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PER CURIAM.

The state appeals from an order invalidating a sentence which the parties previously stipulated in a plea agreement would be imposed if, as actually occurred, the defendant violated the probation which was granted as a condition of suspending the sentence. We find no basis whatever for this ruling both because the sentence was not an illegal one and because the defendant could not properly be heard to contend otherwise after receiving the benefit of the bargain. See Madrigal v. State, 545 So.2d 392 (Fla. 3d DCA 1989). Accordingly, the order under review is reversed and the cause remanded for appropriate sentencing in accordance with the prior agreement and the applicable law. See Williams v. State, 594 So.2d 273 (Fla.1992).

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756 So. 2d 230, 2000 Fla. App. LEXIS 4809, 2000 WL 484065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wheeler-fladistctapp-2000.

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