Waldon v. State

District Court of Appeal of Florida

Waldon v. State

483 So. 2d 101, 11 Fla. L. Weekly 447, 1986 Fla. App. LEXIS 6375

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1986

DocketNo. 85-315

StatusPublished

Cited by3 cases

This text of 483 So. 2d 101 (Waldon 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

Waldon v. State, 483 So. 2d 101, 11 Fla. L. Weekly 447, 1986 Fla. App. LEXIS 6375 (Fla. Ct. App. 1986).

Pincite

Opinion

COWART, Judge.

Relying on advice of his defense counsel as to the proper sentencing guideline scoring of his prior criminal record, the defendant entered into a plea agreement. After being sentenced in accordance with the plea agreement, defendant appeals claiming that under a proper calculation, his recommended guideline sentence is less than that to which he agreed. Rather than appealing, the defendant should have moved the trial court to withdraw his plea¹ or move to vacate under Florida Rule of Criminal Procedure 3.850. See § 924.06(3), Fla.Stat.; Fla.R.Crim.P. 3.172(c)(iv); Fla.R.App.P. 9.140(b)(1); Stinson v. State, 448 So.2d 1240 (Fla. 5th DCA 1984). See also McGinty v. State, 463 So.2d 495 (Fla. 2d DCA 1985); Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981).

This appeal is dismissed without prejudice to defendant’s right to seek an appropriate remedy.

DISMISSED.

COBB, C.J., and ORFINGER, J., concur.

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

COWART, Judge.

Relying on advice of his defense counsel as to the proper sentencing guideline scoring of his prior criminal record, the defendant entered into a plea agreement. After being sentenced in accordance with the plea agreement, defendant appeals claiming that under a proper calculation, his recommended guideline sentence is less than that to which he agreed. Rather than appealing, the defendant should have moved the trial court to withdraw his plea¹ or move to vacate under Florida Rule of Criminal Procedure 3.850. See § 924.06(3), Fla.Stat.; Fla.R.Crim.P. 3.172(c)(iv); Fla.R.App.P. 9.140(b)(1); Stinson v. State, 448 So.2d 1240 (Fla. 5th DCA 1984). See also McGinty v. State, 463 So.2d 495 (Fla. 2d DCA 1985); Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981).

This appeal is dismissed without prejudice to defendant’s right to seek an appropriate remedy.

DISMISSED.

COBB, C.J., and ORFINGER, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

483 So. 2d 101, 11 Fla. L. Weekly 447, 1986 Fla. App. LEXIS 6375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldon-v-state-fladistctapp-1986.

Opinion

Related

Cite This Page — Counsel Stack