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Ballard v. State

District Court of Appeal of Florida, Second District
Sep 29, 1999
741 So. 2d 1212 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-04249.

Opinion filed September 29, 1999.

Appeal from the Circuit Court for Lee County; Isaac Anderson, Jr., Judge.

J. L. "Ray" LeGrande of LeGRANDE LeGRANDE, P.A., Fort Myers, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


William Ballard appeals the denial of his motion to withdraw his no contest pleas and his motion to correct his sentences. He contends that his sentences do not comply with his plea agreement. We agree and reverse.

Ballard's plea agreement provided that he would receive credit for time served with respect to "each count he is sentenced on." We agree with Ballard that this required any credit for time served to which he was entitled to be subtracted from each sentence. The trial court failed to honor this aspect of the plea agreement in sentencing Ballard, and therefore, he should have been permitted to withdraw his pleas. See Geiger v. State, 532 So.2d 1298 (Fla. 2d DCA 1988).

Accordingly, we reverse and remand with instructions to the trial court to allow Ballard to withdraw his pleas. On remand, the State may again charge Ballard with the counts it nolle prossed as part of the plea agreement. See Fine v. State, 728 So.2d 307 (Fla. 5th DCA 1999);Geiger, 532 So.2d 1298.

Reversed and remanded with directions.

CAMPBELL, A.C.J., and STRINGER, J., Concur.


Summaries of

Ballard v. State

District Court of Appeal of Florida, Second District
Sep 29, 1999
741 So. 2d 1212 (Fla. Dist. Ct. App. 1999)
Case details for

Ballard v. State

Case Details

Full title:WILLIAM BALLARD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 29, 1999

Citations

741 So. 2d 1212 (Fla. Dist. Ct. App. 1999)

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See alsoSidell v. State, 787 So. 2d 139, 141 (Fla. 2d DCA 2001) ("If the plea agreement is abrogated, Sidell…