Richardson v. State, 5D01-1026.
| Court | Court of Appeal of Florida (US) |
| Citation | 821 So.2d 428 |
| Docket Number | No. 5D01-1026.,5D01-1026. |
| Parties | Johnny RICHARDSON, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 19 July 2002 |
821 So.2d 428
Johnny RICHARDSON, Appellant,v.
STATE of Florida, Appellee
No. 5D01-1026.
District Court of Appeal of Florida, Fifth District.
July 19, 2002.
Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
ORFINGER, R.B., J.
Johnny Richardson appeals his sentences, arguing that the trial court erred by denying his motion to withdraw his pleas and that the sentences imposed were vindictive. We affirm in part, reverse in part, and remand for further proceedings.
In 1990, Richardson was charged with three felonies, and after entering no contest pleas, was sentenced to concurrent terms of ten years in prison followed by five years of probation. In 1992, Richardson was charged with an additional felony, and after pleading no contest, was sentenced to twelve years in prison followed by three years probation to run concurrent with his 1990 sentences. After being released from prison, Richardson violated his probation. At his violation hearing, Judge R. James Stroker, the trial judge then assigned to Richardson's cases, accepted Richardson's admission to the probation violations and, pursuant to a plea agreement with the State, indicated his intention to sentence Richardson to an additional two and one-half years in prison after consideration of Richardson's accrued credit for time served and good and gain time. To effectuate that intention, Judge Stroker sentenced Richardson to an aggregate of fourteen and one-half years in prison with credit for twelve years, and one hundred sixty-five days. However, Judge Stroker's sentencing plan was foiled when the Department of Corrections (DOC) forfeited Richardson's good and gain time when he returned to prison.
Richardson then filed a motion for post-conviction relief pursuant to Florida Rule Criminal Procedure 3.850, alleging that on the advice of counsel, he accepted the plea agreement based on the representation that he would only serve an additional two and one-half years in prison. However, because DOC forfeited his good and gain time, he was being required to serve an
Before sentencing occurred, Richardson, now represented by a new attorney, filed a motion to withdraw his admission to the violations of probation. Richardson's motion asserted that he was not advised that he could be committed under section 916.31, Florida Statutes (1999) (the "Jimmy Ryce Act"),1 after his prison term expired. After an evidentiary hearing, the trial court denied Richardson's motion based primarily on the testimony of Richardson's prior attorney that...
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Turner v. Sec'y, Fla. Dep't of Corr.
...actual vindictiveness is on [the defendant]." Allende v. State, 942 So. 2d 950, 951 (Fla. 5th DCA 2006) (citing Richardson v. State, 821 So. 2d 428, 430 (Fla. 5th DCA 2002)).In the instant case as to Ground Five, Defendant has failed to fulfill his burden of showing the trial judge punished......
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Rodriguez v. State, 3D04-1277.
...increased sentence after correction. See Texas v. McCullough, 475 U.S. 134, 106 S.Ct. 976, 89 L.Ed.2d 104 (1986); cf. Richardson v. State, 821 So.2d 428 (Fla. 5th DCA 2002). That this is the proper resolution of the problem is shown by the fact that it has been consistently applied in cases......
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Sands v. State, 5D03-3082.
...conduct" on the defendant's part, other than the filing of the motion, that warrants the harsher sentence. See Richardson v. State, 821 So.2d 428, 431 (Fla. 5th DCA 2002); see also Blackshear v. State, 531 So.2d 956 (Fla.1988); Everett v. State, 824 So.2d 211 (Fla. 1st DCA 2002); see genera......
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James v. State, 4D02-1885.
...by changing concurrent terms to consecutive terms, as long as the new sentence is not found to be vindictive.'" Richardson v. State, 821 So.2d 428, 431 (Fla. 5th DCA 2002)(quoting Buchanan v. State, 781 So.2d 449, 450 (Fla. 5th DCA 2001)). We note that in cases where the defendant has filed......