Severino v. State, 73--7
| Decision Date | 07 December 1973 |
| Docket Number | No. 73--7,73--7 |
| Citation | 286 So.2d 234 |
| Parties | Joseph Anthony SEVERINO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James A. Gardner, Public Defender, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Bradenton, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.
Appellant was charged in one information with escape while lawfully confined in the state prison system and in another information was charged in one count with assault with intent to commit murder in the first degree, the second count of auto theft and the third count of possession of a firearm during the commission of a felony.
Appellant's attorney negotiated with the state that if appellant would plead guilty the maximum penalty he would receive on the escape charge would be fifteen years and not more than one year on each of the counts in the three-count information, said sentences to run consecutively. The trial judge sentenced the appellant to one year on the escape charge and five years on each of the offenses in the three-count information, all to be served consecutively.
Although the aggregate of the sentences does not exceed the maximum of eighteen years which was negotiated, this case must be remanded for re-sentencing as to all offenses within the bounds of the negotiated plea arrangements of which the court was aware.
Reversed and remanded for re-sentencing.
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Newberry v. State
...that agreement. Johnson v. State, 332 So.2d 362 (Fla. 1st DCA 1976); Odom v. State, 310 So.2d 770 (Fla. 2d DCA 1975); Severino v. State, 286 So.2d 234 (Fla. 2d DCA 1973). Therefore, with respect to the issue of the length of the sentence, we hereby reverse and remand with directions to the ......
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Kurlin v. State, U-154
...470 F.2d 331 (5th Cir., 1972), and Fla.Stat. § 810.04, and § 775.082, F.S.A. * * *' (290 So.2d at pages 128 and 129) In Severino v. State, Fla.App.2nd 1973, 286 So.2d 234, a negotiated plea of guilty was entered in accordance with an arrangement whereby the defendant agreed to plead guilty ......
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Severino v. State, 74--109
...sentenced to a total of only thirteen years. The order of sentencing is affirmed. MANN, C.J., and BOARDMAN, J., concur. 1 Fla.App.2d, 1973, 286 So.2d 234.2 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 ...