Waldon v. State

COWART, Judge.

Relying on advice of his defense counsel as to the proper sentencing guideline scoring of his prior criminal record, the defendant entered into a plea agreement. After being sentenced in accordance with the plea agreement, defendant appeals claiming that under a proper calculation, his recommended guideline sentence is less than that to which he agreed. Rather than appealing, the defendant should have moved the trial court to withdraw his plea1 or move to vacate under Florida Rule of Criminal Procedure 3.850. See § 924.06(3), Fla.Stat.; Fla.R.Crim.P. 3.172(c)(iv); Fla.R.App.P.…