Stocker v. State

District Court of Appeal of Florida

Stocker v. State

564 So. 2d 291, 1990 Fla. App. LEXIS 5647, 1990 WL 107822

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1990

DocketNo. 90-842

StatusPublished

Cited by2 cases

This text of 564 So. 2d 291 (Stocker 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.

Bluebook

Stocker v. State, 564 So. 2d 291, 1990 Fla. App. LEXIS 5647, 1990 WL 107822 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The State concedes that at sentencing the trial court departed from the terms of the negotiated plea pursuant to which the defendant had pled guilty. That being so, the defendant must be afforded the opportunity to withdraw his plea and proceed to trial. Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990). The cause is remanded with directions to resentence in accordance with the plea agreement or to permit the defendant to withdraw his plea.

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PER CURIAM.

The State concedes that at sentencing the trial court departed from the terms of the negotiated plea pursuant to which the defendant had pled guilty. That being so, the defendant must be afforded the opportunity to withdraw his plea and proceed to trial. Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990). The cause is remanded with directions to resentence in accordance with the plea agreement or to permit the defendant to withdraw his plea.

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Bluebook (online)

564 So. 2d 291, 1990 Fla. App. LEXIS 5647, 1990 WL 107822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stocker-v-state-fladistctapp-1990.

Opinion

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