Davis v. State, 84-2671
| Decision Date | 10 July 1985 |
| Docket Number | No. 84-2671,84-2671 |
| Citation | 10 Fla. L. Weekly 1154,473 So.2d 753 |
| Parties | 10 Fla. L. Weekly 1154, 10 Fla. L. Weekly 1694 Richard Dean DAVIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Broward County; Stanton S. Kaplan, Judge.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.
Richard Davis appeals from an order of probation and an order denying his motion to correct sentence. We reverse on the authority of Alvis v. State, 421 So.2d 769 (Fla. 4th DCA 1982). The special conditions of probation imposed were not contemplated by the plea agreement pursuant to which the defendant pled guilty. Accordingly, we reverse the judgment and imposition of probation and remand with instructions that appellant either be permitted to withdraw his plea of guilty or that appellant be resentenced within the parameters of the plea agreement.
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Geiger v. State, 87-133
...trial court approved. Accordingly, the trial court erred when it refused to permit Geiger to withdraw her pleas. See Davis v. State, 473 So.2d 753 (Fla. 4th DCA 1985); Alvis v. State, 421 So.2d 769 (Fla. 4th DCA 1982); see also Richardson v. State, 432 So.2d 750 (Fla. 2d DCA 1983) (court sh......