Richard Walker v. State of Florida

On Motion for Rehearing

WARNER, J.

In his motion for rehearing, appellant contends that our opinion conflicts with Wilson v. State, 845 So.2d 142 (Fla.2003), and its progeny, because we concluded that the disparity of the sentence appellant received and the lowest permissible sen tence that he could have received had he gone to trial was not significant. Instead, appellant claims that, based on Wilson, it is mandatory that we look only to the plea offer and the sentence ultimately received, and not consider the lowest permissible sentence under the Criminal Punishment Code or other applicable…