Scharf v. State
Scharf v. State
Opinion of the Court
Lyle Scharf challenges the order of the trial court summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, he alleged that his pleas were involuntary because he was misadvised concerning the maximum sentences that could be imposed on four of the five counts to which he pleaded. We reverse the trial court’s order and remand for further proceedings.
Scharf pleaded to a five-count information and, pursuant to plea negotiations, was sentenced to a total of 74.4 months’ prison. Count one charged driving under the influence with serious bodily injuries, a third-degree felony. In counts two through five, the caption at the top of the information listed the offense of driving under the influence for each of the four counts and listed the degree of -each offense as a third-degree felony. In each instance, however, the body 'of the information cited to section 316.193(3)(c)l, Florida Statutes (1997),
In his motion Scharf alleged that his pleas were involuntary because trial counsel advised him that he could be sentenced to five years’ imprisonment on each count of the information and that he could receive a total maximum overall sentence of twenty-five years’ prison. He further alleged, and the transcript of the plea'hearing shows, that the trial court similarly misinformed him.
Reversed and remanded for further proceedings.
. Section 316.193(3)(c)l, Florida Statutes (1997), states that any person who, by reason of operating a vehicle while driving under the influence as defined by section 316.193(1), causes damage to the properly or person of another commits a first-degree misdemeanor.
. Scharfs motion contained four grounds for relief. However, they all, in essence, raise the same claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.