State v. Frazier
| Decision Date | 30 July 1997 |
| Docket Number | 97-847,Nos. 97-866,s. 97-866 |
| Citation | 697 So.2d 944 |
| Court | Florida District Court of Appeals |
| Parties | 22 Fla. L. Weekly D1849 The STATE of Florida, Appellant, v. Crystal FRAZIER and Christopher Frazier, Appellees. |
Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, for appellees.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
Patricia Frazier and her niece and nephew, Crystal and Christopher Frazier, were all charged with aggravated battery arising from a single incident. In return for her plea of guilty to the lesser offense of battery, the prosecution agreed and specifically announced in open court when her plea was taken that the cases against her niece and nephew would be nolle prossed. When the state attempted to renege on the agreement and continue the prosecution against them, the trial court ordered the cases dismissed and the state has taken this appeal. We affirm.
Applying the rules of contract law applicable to plea agreements, like all others, see Clark v. State, 651 So.2d 1309 (Fla. 3d DCA 1995), review denied, 660 So.2d 712 (Fla.1995); Novaton v. State, 610 So.2d 726 (Fla. 3d DCA 1992), approved, 634 So.2d 607 (Fla.1994); Madrigal v. State, 545 So.2d 392 (Fla. 3d DCA 1989), it is clear that the younger Fraziers were intended third party beneficiaries, Technicable Video Sys., Inc. v. Americable of Greater Miami, Ltd., 479 So.2d 810 (Fla. 3d DCA 1985), of the plea agreement with their aunt. See United States v. Nuckols, 606 F.2d 566, 569 (5th Cir.1979)( ); Hamlet v. State, 68 Md.App. 553, 514 A.2d 492 (1986). As such, they were eminently entitled to enforce that agreement. Even more obviously, the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments, see Novaton, 610 So.2d at 728; Madrigal, 545 So.2d at 392, including submission to the order below specifically enforcing the undertaking. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Hunt v. State, 613 So.2d 893 (Fla.1992); Buffa v. State, 641 So.2d 474 (Fla. 3d DCA 1994).
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