Fleming v. State
Fleming v. State
Opinion of the Court
Pursuant to a plea bargain, appellant plead guilty to the crime of robbery and the state, for its part recommended to the trial court that appellant be sentenced to a term of 18 years. The trial court imposed a sentence of 20 years.
In this case, as in Adams v. State,
“ . . . We do not conceive that a sentencing judge may knowingly receive a plea which is the product of a bargain with the prosecutor and yet declare himself independent of the bargain, so avoiding by finesse the provisions of Rule 3.171(c), R.Cr.P.”
With all due deference to the trial judge, who was without the benefit of this court’s opinion in Adams v. State, supra, at the time of the proceedings in the instant case, the sentence is vacated and the cause remanded so the trial court may either impose sentence in accordance with the plea bargain, or vacate the judgment and allow appellant to withdraw his guilty plea.
Reversed and remanded.
. Adams v. State, 328 So.2d 48 (Fla.App.1st, 1976).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.