Carson v. State

In this case, we address an important issue, to wit: May a criminal defendant who accepts the benefits of a negotiated plea bargain collaterally attack his negotiated sentence years later as “illegal” under Florida Rule of Criminal Procedure 3.800(a)?

Our answer is no, because Appellant’s felony drug offender probationary sentence does not exceed the maximum term authorized by the legislature for the second-degree felony of battery on a pregnant woman.

We hold that Appellant’s motion is without merit on both substantive and procedural grounds. To allow Appellant to accept the benefits of a plea…