Holland v. State

Appellant, Valerie Holland, challenges her sentence on welfare fraud, entered into pursuant' to a negotiated plea. As a condition of the plea, she stipulated to her ability to pay restitution and agreed to give up the defense of inability to pay if a violation for nonpayment was filed. We hold that the condition was illegal, and the sentence must be reversed.

Pursuant to the negotiated plea, the trial court withheld adjudication of Holland’s guilt, placed her on probation, and set the amount and terms of restitution. After the notice of appeal was filed, Holland filed a Florida Rule of…