Rolle v. State

Thomas T. Rolle appeals the denial of his motion to withdraw his plea of guilty to the charge of second degree murder, relying on the holding of Williams v. State, 676 So.2d 1056 (Fla. 3d DCA 1996) that where a court sentences a defendant for a life felony and opts for a term of years instead of a life sentence, it may impose a sentence no harsher than forty years imprisonment. Rolle therefore argues that he should be able to withdraw his plea because he was sentenced to fifty years imprisonment.

The State argues that Williams is not applicable because Rolle’s offense was committed on December…