Cunningham v. State

Florida District Courts of Appeal
Cunningham v. State, 481 So. 2d 72 (1985)
11 Fla. L. Weekly 107; 1985 Fla. App. LEXIS 6074
Anstead, Boardman, Edward, Letts

Cunningham v. State

Opinion of the Court

PER CURIAM.

We reverse the denial of appellant’s 3.850 motion to vacate his sentence. We hold that appellant gave substantial assistance to the State and his sentence should be mitigated from a fifteen year mandatory minimum to a five year mandatory minimum.

REVERSED AND REMANDED.

LETTS, J., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur. ANSTEAD, J., concurs in part and dissents in part with opinion.

Concurring in Part

ANSTEAD, Judge,

concurring in part and dissenting in part:

Although I am also concerned about the actions of the state in following through in good faith on any agreements made with the appellant, both before and after sentencing, I would stop short of mandating a reduction in appellant’s sentence. Instead, I favor remand to have the trial court determine precisely what the agreements were; whether there has been a breach; and to what relief, including plea withdrawal, the appellant may be entitled, assuming the agreements are invalidated or found to have been breached by the state. Cf. Noon v. State, 480 So.2d 668 (Fla. 4th DCA 1985).

Reference

Full Case Name
Edward Andrew CUNNINGHAM v. STATE of Florida
Cited By
1 case
Status
Published