Derrick Culver v. State of Florida

Rather than continue with his trial, appellant agreed to an open plea to the court one day before his twenty-first birthday, in the hope that the court would sentence appellant as a youthful offender for his-crimes. In doing so, his counsel waived the preparation of a presentence investigation report, because to obtain one would push sentencing past his birthday and thus eliminate the court’s ability to impose a youthful offender sentence. After the court rejected a youthful offender sentence and sentenced him to a substantial prison sentence, appellant moved to vacate his plea, claiming he…