Bullard v. State, 85-2216
| Decision Date | 30 October 1985 |
| Docket Number | No. 85-2216,85-2216 |
| Citation | 10 Fla. L. Weekly 2463,477 So.2d 655 |
| Parties | 10 Fla. L. Weekly 2463 Diane D. BULLARD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.
Diane Bullard appeals the summary denial of her motion for post-conviction relief. We reverse.
Bullard alleged that both a detective and her trial attorney promised her a maximum sentence of five years if she would plead guilty to several felony charges. Instead, she received seven separate five-year sentences, some concurrent and some consecutive, for a total of fifteen years in prison. If Bullard's allegations are true, she might be entitled to relief on the theory her plea was not freely and voluntarily entered. See, e.g., Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984).
We therefore remand this case to the trial court with directions either to afford Bullard a hearing on the issue of the voluntariness of her plea, or to attach sufficient portions of the record to refute Bullard's claims. If the trial court rules in Bullard's favor, Bullard should be permitted to withdraw her plea if she so desires. If the trial court again denies the motion, Bullard must file a notice of appeal within thirty days to obtain further appellate review.
REVERSED.
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Mantle v. State, 91-688
...(plea bargain contemplated defendant's eligibility for M.D.S.O. program but sentence imposed made him ineligible); Bullard v. State, 477 So.2d 655 (Fla. 2d DCA 1985) (trial attorney erroneously told defendant his maximum sentence would be 5 years; he was sentenced to 15 years); Dominquez v.......
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Hickman v. State, s. 91-03462
...Any comments by these officers clearly were regarded by all parties as advisory rather than binding. Contrast Bullard v. State, 477 So.2d 655 (Fla. 2d DCA1985), wherein the defendant alleged she had relied upon promises of leniency by police officers. One detective did testify at Hickman's ......
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Humphries v. State, 90-01374
...a seventeen-year sentence. If these allegations are true Humphries might be entitled to withdraw the plea. See, e.g., Bullard v. State, 477 So.2d 655 (Fla. 2d DCA 1985). The trial court, in its order denying the motion, correctly states that a plea offer from the state is not binding upon t......
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Zduniak v. State
...assurances, Zduniak now feels his plea was involuntary. See, e.g., Tarpley v. State, 566 So.2d 914 (Fla. 2d DCA 1990); Bullard v. State, 477 So.2d 655 (Fla. 2d DCA 1985). If Zduniak's allegations are true, this is yet another case in which a defendant and his attorney speculated about what ......