Opinion

Brown v. State

  • 434 So. 2d 21
  • 1983 Fla. App. LEXIS 19758
Court
District Court of Appeal of Florida
Filed
Jul 1, 1983
Status
Published
Author
Lehan
On the bench
Campbell, Hobson, Lehan
Cited by
3 cases
Authority
More cited than 74.0%

The opinion

LEHAN, Judge.

Appellant was adjudicated guilty based upon his nolo contendere plea. The trial court’s sentence included retention of juris *22 diction over one third of the sentence. Appellant, in a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure, contended that the trial court erred in accepting his nolo contendere plea because the trial court "had not informed him that the trial court could retain jurisdiction over one third of the sentence which could be imposed.

The trial court’s order denying appellant’s motion does not demonstrate that the court informed defendant that jurisdiction could be retained over one third of defendant’s sentence; the order indicates that the defendant was not so informed. Failure to so inform a defendant under these circumstances is error. State v. Green, 421 So.2d 508 (Fla.1982); Fairweather v. State, 432 So.2d 688 (Fla. 2d DCA 1983).

Therefore, we reverse and remand. Upon remand, the trial court can (1) furnish this court with evidence that defendant had been informed of the court’s ability to so retain jurisdiction or (2) either strike that portion of the sentence or allow defendant the opportunity to withdraw his plea.

REVERSED AND REMANDED WITH INSTRUCTIONS.

HOBSON, A.C.J., and CAMPBELL, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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