Collier v. State

BOOTH, Judge.

This cause is before us on appeal from a judgment and sentence under the guidelines following a plea of nolo contendere.1 Appellant argues, inter alia, that the trial court erred in: (1) failing to permit him to withdraw his plea after declining to accept the plea bargain agreement; and (2) assessing legal constraint points on his guidelines scoresheet for each offense he committed while on probation. We must reverse as to both issues.

Florida law requires that in the event the trial court decides not to follow a plea agreement, the court provide the defendant with the opportunity…