Bloom v. State
| Decision Date | 05 February 1974 |
| Docket Number | No. 73--791,73--791 |
| Parties | Ira BLOOM, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Stephen Rosin, Asst. Atty. Gen., for appellee.
Before PEARSON, CARROLL and HENDRY, JJ.
This appeal was begun as a petition for habeas corpus and a delayed appeal was granted pursuant to holding in Baggett v. Wainwright, Fla.1969, 229 So.2d 239. Appellant alleges, and the record substantiates his allegation, that at the time of the entry of his guilty plea, the prosecuting attorney stated that the maximum sentence under the charge was five years. The court accepted the statement of the assistant state attorney, and in questions directed to the appellant stated that if the guilty plea were accepted, the sentence would in all probability be for the maximum of five years. Appellant was sentenced to fifteen years.
Appellant did not ask in the trial court to have his plea set aside. We therefore hold that this is an appeal from an illegal sentence. A sentence of fifteen years, where the defendant has been led to believe that he will receive only five years if he enters his guilty plea, clearly cannot stand. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); United States v. Blair, 470 F.2d 331 (5th Cir. 1972), and Fla.Stat. § 810.04, and § 775.082, F.S.A. Therefore, the sentence in this cause is amended to read '. . . that you be imprisoned by confinement at hard labor in the STATE PENITENTIARY for a term of Five (5) years, credit to be given for time served in the Dade County Jail prior to sentencing, to-wit: One Hundred Forty-Six (146) days'. The sentence as amended is affirmed.
Affirmed.
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Kurlin v. State, U-154
...have confidence in their government, particularly the judicial branch. Our sister court of the Third District, in Bloom v. State, Fla.App.3rd 1974, 290 So.2d 128, considering a case wherein the trial judge had concurred in a representation by the State that the defendant, upon entering a pl......
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Thomas v. State
...opportunity to withdraw their pleas prior to imposition of sentence. Taylor v. State, 275 So.2d 307 (Fla.App.4th, 1973); Bloom v. State, 290 So.2d 128 (Fla.App.3d, 1974); Barker v. State, 259 So.2d 200, 205 (Fla.App.2d, 1972). We note that the trial court entertained and expressed some ques......
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Williams v. State, KK-4
...Lovelace v. Wainwright, 352 So.2d 907 (Fla. 1st DCA 1977); Wood v. State, 357 So.2d 1060 (Fla. 1st DCA 1978). See also Bloom v. State, 290 So.2d 128 (Fla. 3d DCA 1974). The record indicates that a great deal of confusion surrounded the giving of appellant's plea. It appears that the officer......
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Jimmerson v. State, W--212
...the actual maximum authorized by law. Appellant requests this court to reduce the sentence to five years, relying on Bloom v. State, 290 So.2d 128 (Fla.App.1974). The Court in Bloom '. . . A sentence of fifteen years, where the defendant has been led to believe that he will receive only fiv......