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Doe v. State

District Court of Appeal of Florida, Third District
Jan 15, 1987
499 So. 2d 13 (Fla. Dist. Ct. App. 1987)

Summary

holding "the trial court failed to exercise its independent sentencing discretion" in light of its erroneous view of the law

Summary of this case from Ayala v. Scott

Opinion

No. 85-1022.

December 9, 1986. Rehearing Denied January 15, 1987.

Appeal from the Circuit Court, Dade County, David M. Gersten, J.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


Defendant appeals his sentences entered upon a guilty plea, contending that the trial court failed to exercise its independent sentencing discretion under section 893.135(3), Florida Statutes (1983). We agree. The trial judge labored under the mistaken impression that he was not free to reduce defendant's sentence beyond that recommended by the state under the terms of defendant's Pre-plea Agreement. The trial court imposed the five-year mandatory minimum sentence, erroneously believing that the statute prohibited further reduction; however, the trial court had the discretion to reduce the sentence further and was not bound by the state's recommendations. Quinones v. State, 448 So.2d 608 (Fla.3d DCA 1984); see State v. Benitez, 395 So.2d 514 (Fla. 1981); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). We therefore remand the cause to the trial court for resentencing.

Reversed and remanded.


Summaries of

Doe v. State

District Court of Appeal of Florida, Third District
Jan 15, 1987
499 So. 2d 13 (Fla. Dist. Ct. App. 1987)

holding "the trial court failed to exercise its independent sentencing discretion" in light of its erroneous view of the law

Summary of this case from Ayala v. Scott
Case details for

Doe v. State

Case Details

Full title:JOHN DOE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 15, 1987

Citations

499 So. 2d 13 (Fla. Dist. Ct. App. 1987)

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