Polite v. State

Florida District Courts of Appeal
Polite v. State, 588 So. 2d 330 (1991)
1991 Fla. App. LEXIS 11365; 1991 WL 231785
Allen, Joanos, Wentworth

Polite v. State

Opinion of the Court

JOANOS, Chief Judge.

Appellant has urged that he entered a negotiated plea of nolo contendere to a charge of grand theft, with the understanding that he would receive a five-year sentence. He appeals the imposition of an eight-year sentence as an habitual felony offender, alleging the trial court erred in imposing a sentence greater than the five-year sentence appellant understood he would receive, without affording appellant an opportunity to withdraw the plea. We affirm, without prejudice to appellant’s right to file a motion to withdraw his plea. See Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990).

ALLEN, J., and WENTWORTH, Senior Judge, concur.

Reference

Full Case Name
Donte POLITE v. STATE of Florida
Cited By
1 case
Status
Published