Florida District Courts of Appeal, 1981

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided July 1, 1981 · Hersey, Hurley, Moore
400 So. 2d 203; 1981 Fla. App. LEXIS 20429 (Southern Reporter, Second Series)

Simmons v. State

Opinion of the Court

PER CURIAM.

Reversed on the authority of Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The trial court should conduct an evidentia-ry hearing to determine whether defendant’s plea bargaining agreement was violated. If so, he must be given an opportunity to withdraw his plea. See Richmond v. State, 375 So.2d 1132 (Fla. 1st DCA 1979).

MOORE, HERSEY and HURLEY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.