Parks v. State, 3D03-343.

Decision Date17 December 2003
Docket NumberNo. 3D03-343.,3D03-343.
Citation863 So.2d 382
PartiesGivanni Torrell PARKS, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, and Rebecca M. Placensia, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., and COPE, and RAMIREZ, JJ.

PER CURIAM.

We conclude that the trial court correctly found, after a full evidentiary hearing, that appellant failed to comply with the terms of his plea agreement, thus the trial court properly vacated his sentence and resentenced him. McCoy v. State, 599 So.2d 645 (Fla.1992). The plea agreement required the appellant to testify against his co-defendant, identifying him as the shooter in a homicide prosecution. The testimony was to be consistent with his prior sworn statement. However, at his deposition, appellant claimed that he could not remember most of the information contained in his prior sworn statement, and would not identify the co-defendant as the shooter. We therefore affirm.

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4 cases
  • Parks v. State
    • United States
    • Florida District Court of Appeals
    • March 17, 2021
    ...with a copy of the plea contract and his sworn statement, he refused to implicate his "co-defendant as the shooter." Parks v. State, 863 So. 2d 382 (Fla. 3d DCA 2003).Page 4 Following the deposition, the State sought to declare Parks in violation of the plea agreement. The trial court found......
  • Parks v. State
    • United States
    • Florida District Court of Appeals
    • March 17, 2021
    ...with a copy of the plea contract and his sworn statement, he refused to implicate his "co-defendant as the shooter." Parks v. State, 863 So. 2d 382 (Fla. 3d DCA 2003).Following the deposition, the State sought to declare Parks in violation of the plea agreement. The trial court found him in......
  • Parks v. State, SC05-978.
    • United States
    • Florida Supreme Court
    • May 18, 2006
  • Parks v. State, 3D18-796
    • United States
    • Florida District Court of Appeals
    • August 1, 2018
    ...illegal and he did not violate his plea agreement. This Court has previously reviewed and dismissed those arguments. See Parks v. State, 863 So.2d 382 (Fla. 3d DCA 2003). As such, we consider this petition as if filed as a 3.850 motion. We therefore affirm the trial court's denial of Park's......

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