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Deprycker v. State

District Court of Appeal of Florida, Third District
Apr 8, 1986
486 So. 2d 57 (Fla. Dist. Ct. App. 1986)

Summary

holding that trial court erred in denying the defendant's motion to withdraw his plea where the defendant pled guilty based on a misapprehension of the possible sentence induced by the State's miscalculation of the appropriate scoring under the guidelines where the error was discovered before sentencing

Summary of this case from Wagner v. State

Opinion

No. 85-1648.

April 8, 1986.

Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.


Concededly, the defendant-appellant pled guilty based on a misapprehension of the possible sentence induced by the state's miscalculation of the appropriate scoring under the guidelines. When the error was discovered before sentencing, he moved to withdraw the plea and now challenges the denial of that motion. We reverse on the authority of Tobey v. State, 458 So.2d 90 (Fla. 2d DCA 1984). See also Ritchie v. State, 458 So.2d 877 (Fla. 2d DCA 1984); Banks v. State, 136 So.2d 25 (Fla. 1st DCA 1962); see generally Forbert v. State, 437 So.2d 1079 (Fla. 1983). Accordingly, the judgment under review is reversed and the cause remanded with directions to permit the withdrawal of the plea.


Summaries of

Deprycker v. State

District Court of Appeal of Florida, Third District
Apr 8, 1986
486 So. 2d 57 (Fla. Dist. Ct. App. 1986)

holding that trial court erred in denying the defendant's motion to withdraw his plea where the defendant pled guilty based on a misapprehension of the possible sentence induced by the State's miscalculation of the appropriate scoring under the guidelines where the error was discovered before sentencing

Summary of this case from Wagner v. State
Case details for

Deprycker v. State

Case Details

Full title:ROBERT L. DEPRYCKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 8, 1986

Citations

486 So. 2d 57 (Fla. Dist. Ct. App. 1986)

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