Lowery v. State
Lowery v. State
Opinion of the Court
In this Anders
The circuit court correctly found that Appellant’s motion under rule 3.800, Florida Rules of Criminal Procedure, was not the proper avenue to seek withdrawal of his plea. See Johnson v. State, 60 So.3d 1045 (Fla. 2011). Rule 3.800 addresses the correction of sentencing errors, not the voluntariness or validity of pleas.
We note that our independent review of the record in this Anders appeal, as required by State v. Causey, 503 So.2d 321 (Fla. 1987), reveals that Appellant’s original plea was not conditioned upon an agreement that no mandatory minimum sentence would be entered. The Sentence Recommendation, signed by Appellant on December 14, 2000, is devoid of any reference to an agreement that no mandatory minimum sentence would be imposed. To the contrary, the notation in the section entitled “Terms of Plea Entry and Sentence Recommendation Agreed Upon by the State and Defendant” provides: “Straight Up.” In addition, while the original mandatory minimum sentence of 10 years was later corrected by the trial court, the plea was not the. reason for this change. Appellant’s claim that his original plea precluded the entry of a statutorily required mandatory minimum sentence is thus refuted in the record.
Accordingly, the order granting correction of sentencing error, entered January 2, 2012, is AFFIRMED.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.