Legal Opinion · Concurring in part, dissenting in part

Sharpe v. State

District Court of Appeal of Florida

Decided August 10, 1989No. 88-2183Published

1Concurring in part, dissenting in partErvin, Judge

Although I agree with the majority that this case must be reversed, I know of no legal basis for its direction to the trial court to conduct a proceeding to determine *336the defendant’s awareness of the effect of the sentence recommendation prior to allowing appellant to withdraw his plea.

It is well established that the trial judge is not bound by any sentencing recommendation established by a plea agreement between the state and the defendant. If, however, the court does not carry out the terms of the plea bargain, the defendant has two alternatives: he may withdraw his plea and proceed to a…

2Cases cited6 opinions

  1. Brown v. StateSupreme Court of Florida · 1971
  2. Davis v. StateSupreme Court of Florida · 1975
  3. Moore v. StateDistrict Court of Appeal of Florida · 1986
  4. Stranigan v. StateDistrict Court of Appeal of Florida · 1984
  5. Williams v. StateDistrict Court of Appeal of Florida · 1989

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