Gray v. State
District Court of Appeal of Florida
1Per curiam
Appellant challenges his sentence on the ground that the court deviated from a plea offer by imposing a higher sentence than bargained for. However, appellant failed to preserve the issue by moving to withdraw his plea or correct a sentencing error (if any). See Ruff v. State, 840 So.2d 1145, 1146 (Fla. 5th DCA 2003) (noting defendant who pleads nolo contendere must file motion to withdraw the plea in order to preserve claim that sentence was imposed in violation of plea agreement); Garrett v. State, 788 So.2d 328, 329 (Fla. 4th DCA 2001) (holding defendant may not seek review of sentencing…
2Cases cited2 opinions
- Ruff v. StateDistrict Court of Appeal of Florida · 2003
- Garrett v. StateDistrict Court of Appeal of Florida · 2001
3Cited by1 opinion
- Henderson v. StateDistrict Court of Appeal of Florida · 2004