Fambro v. State, 90-1871
Decision Date | 29 May 1991 |
Docket Number | No. 90-1871,90-1871 |
Citation | 581 So.2d 199 |
Parties | Roger FAMBRO, Appellant, v. STATE of Florida, Appellee. 581 So.2d 199, 16 Fla. L. Week. D1460 |
Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Barbara A. White, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.
Roger Fambro appeals from the trial court's denial of his motion to withdraw his guilty pleas. We affirm.
The state charged appellant in two separate informations with two counts of selling cocaine. Appellant originally pled not guilty to both counts. Subsequently, he entered into a plea agreement with the state whereby, in exchange for guilty pleas, the state would recommend concurrent nine year sentences. At the change of plea hearing the trial court concluded that appellant had knowingly and voluntarily changed his pleas. Prior to formal acceptance of the pleas, appellant's counsel requested that appellant be considered for a one week furlough. The court responded:
Appellant then presented his reasons to the court and thereafter the following colloquy occurred:
Appellant failed to return on the scheduled date and when apprehended filed a motion to withdraw his guilty pleas. At the motion hearing, appellant argued that he had not fully understood the plea agreement. He argued that he had wanted to plead no contest, but that his counsel had advised against such a plea. He also argued that he had been under the influence of alcohol at the change of plea hearing. The trial court denied appellant's motion. The state presented evidence supporting an enhanced sentence under section 775.084, Florida Statutes (1989), Florida's habitual offender statute, and at oral pronouncement the court sentenced appellant to two consecutive 30 year sentences. 1
Appellant raises several points on appeal, only one of which...
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...the plea agreement if ratified by the defendant's clear and unequivocal understanding and acceptance of the terms. Fambro v. State, 581 So.2d 199, 201 (Fla. 4th DCA 1991). The case now before us seems quite similar to what occurred in Briggs v. State, 682 So.2d 1151 (Fla. 5th DCA 1996). In ......
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NORMAN v. State of Fla.
...modification of the plea agreement if the defendant clearly and unequivocally understands and accepts those terms. Fambro v. State, 581 So.2d 199, 201 (Fla. 4th DCA 1991). A classic Quarterman agreement is made when a defendant agrees to a "specific sentence with the caveat that the trial c......
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Payne v. State, 92-2109
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