Legal Opinion

Buckins v. State

District Court of Appeal of Florida

Decided June 20, 2012No. 4D10-5196Published

1Per curiam

Affirmed. See State v. Gutierrez, 10 So.3d 158, 159 (Fla. 3d DCA 2009) (where sentence is a result of a plea agreement for a specific sentence, the trial court does not have authority to circumvent that through a motion to mitigate); Right v. State, 784 So.2d 396, 401 (Fla.2001) (court rejects claims of disparate sentencing where co-defendant’s lesser sentence was a result of plea agreement or prosecutorial discretion).

WARNER, POLEN and GROSS, JJ., concur.

2Cases cited2 opinions

  1. Kight v. StateSupreme Court of Florida · 2001
  2. State v. GutierrezDistrict Court of Appeal of Florida · 2009