Little v. State, BL-144
| Decision Date | 11 August 1986 |
| Docket Number | No. BL-144,BL-144 |
| Parties | 11 Fla. L. Weekly 1750 Harold LITTLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Harold Little, pro se.
No appearance for appellee.
Appellant Harold Little appeals pro se from an order denying his Rule 3.850, Fla.R.Crim.P., motion to vacate sentence. We affirm.
Appellant was charged by information with writing a worthless check. After discussing the merits of his case with his attorney, he decided to plead guilty in hopes of receiving a probationary sentence. His attorney made this recommendation based on Little's assurance that he had not been convicted of any prior felonies and that he was not currently on probation. The State Attorney's Office, also relying on this information, agreed to nolle prosequi a second charge and to recommend probation in this case if Little would plead guilty.
Little's plea of guilty was accepted by the trial judge after he was satisfied that Little had freely, knowingly and voluntarily given the plea with full knowledge that the maximum sentence could be five years. However, he withheld sentencing pending the results of a presentence investigation.
The presentence investigation uncovered the fact that Little had been charged on numerous occasions with writing a worthless check and had been convicted on five of those counts. He was currently serving probation on four of those counts when the instant offense occurred. Based on this information, the trial judge chose to sentence Little to four and one-half years imprisonment. Little made no attempt to withdraw his plea.
Before a plea of guilty may be accepted, the trial court must determine, among other things, that the defendant understands the nature of the charge and the consequences of his plea. Williams v. State, 316 So.2d 267 (Fla.1975). We find that prior to accepting Little's plea, the trial judge made the necessary inquiry into whether the guilty plea was freely, knowingly and voluntarily given with full knowledge of the possible consequences. We are satisfied with his findings.
Appellant now seeks to enforce the original agreement between himself and the State, claiming that his guilty plea was induced by a plea bargain and that he was denied due process when that plea bargain was not kept. However, it is well settled that a judge is never bound in sentencing by negotiations which occurred between the prosecuting attorney and defense coun...
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Reynolds v. State
...a 5-year probationary term, nor did appellant move to withdraw his plea after the actual sentence was pronounced. See Little v. State, 492 So.2d 807 (Fla. 1st DCA 1986); Lepper v. State, 451 So.2d 1020 (Fla. 1st DCA 1984). As to the length of the probationary sentence, we hold that the issu......
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Mantle v. State, 91-688
...DCA 1991); Johnson v. State, 541 So.2d 1213 (Fla. 2d DCA 1989); Stewart v. State, 511 So.2d 375 (Fla. 1st DCA 1987); Little v. State, 492 So.2d 807 (Fla. 1st DCA 1986); Lepper v. State, 451 So.2d 1020 (Fla. 1st DCA 1984). However, if the record reveals a reasonable basis to conclude that a ......
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Sharpe v. State, 88-2183
...by the state or defense counsel simply because the defendant is informed that such a recommendation will be made. See Little v. State, 492 So.2d 807 (Fla. 1st DCA 1986). However, if a defendant enters a plea with the understanding that the recommendation will be followed and the court decli......
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Oliva v. State, 85-1764
...Asst. Atty. Gen., for appellee. Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ. PER CURIAM. Affirmed. Compare Little v. State, 492 So.2d 807 (Fla. 1st DCA 1986); Lepper v. State, 451 So.2d 1020 (Fla. 1st DCA 1984); Morgan v. State, 414 So.2d 593 (Fla. 3d DCA ...