Florida District Courts of Appeal, 2012

Stephens v. State

Stephens v. State
Florida District Courts of Appeal · Decided September 12, 2012 · Ciklin, Hazouri, Warner
97 So. 3d 287; 2012 WL 3964727; 2012 Fla. App. LEXIS 15312 (Southern Reporter, Third Series)

Stephens v. State

Opinion of the Court

PER CURIAM.

Affirmed. Appellant’s challenge to her sentence as being in excess of the plea agreement was not properly preserved. See Hall v. State, 765 So.2d 282, 284 (Fla. 4th DCA 2000) (“[I]f the court imposes a sentence in excess of the plea bargain, his claim will be cognizable on appeal only if he filed a motion to withdraw his plea to preserve his claim.” ); Gafford v. State, 783 So.2d 1191, 1192 (Fla. 1st DCA 2001) (sentence which exceeds plea agreement is not considered an illegal sentence but must be challenged by a motion to withdraw plea agreement). We affirm without prejudice for appellant to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Hall, 765 So.2d at 284.

WARNER, HAZOURI and CIKLIN, JJ., concur.

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