State v. Cowart
| Decision Date | 22 June 2000 |
| Docket Number | No. SC95541,SC95541 |
| Citation | 761 So.2d 1100 |
| Parties | (Fla. 2000) STATE OF FLORIDA, Petitioner, v. TYRONE COWART, Respondent |
| Court | Florida Supreme Court |
Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Wendy Buffington, Assistant Attorney General, Tampa, Florida, for Petitioner
Judith Ellis, St. Petersburg, Florida, for Respondent
We have for review the decision in State v. Cowart, 762 So.2d 527 (Fla. 2d DCA Apr. 28, 1999), which the court certified to be in conflict with the opinion in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We recently approved the First District's decision in Woods, holding that the Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act. See State v. Cotton, SC94996 & SC95281 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we quash the Second District's decision in this case, and remand for further proceedings consistent with this opinion. Because it appears that the respondent entered a plea of guilty based upon the trial court's indication that respondent, upon such plea, would not be sentenced pursuant to the Act, upon remand to the trial court, respondent shall have the right to withdraw his guilty plea.
It is so ordered.
I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281 (Fla. June 15, 2000)
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Motes v. State, 1D12–1097.
...appeal; motion was, in fact, not dispositive and “appellant was entitled to rely on the court's statement”); see also State v. Cowart, 761 So.2d 1100, 1100–01 (Fla.2000) (reversing with instructions to permit defendant to withdraw his plea where trial court erroneously indicated defendant c......
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Zambuto v. Palm Beach County, 4D99-1880.
...that he cannot appeal entitles him to withdraw his plea. See Carlisle v. State, 687 So.2d 929 (Fla. 4th DCA 1997); see also State v. Cowart, 761 So.2d 1100 (Fla.2000) (supreme court held that the defendant would have the right to withdraw his guilty plea upon remand when his plea was based ......