Jimmerson v. State

SPECTOR, Acting Chief Judge.

Appellant was charged with assault with intent to commit murder and attempted escape. Pursuant to negotiations, appellant entered a guilty plea to aggravated assault and attempted escape. On the attempted escape, the trial judge mistakenly indicated to appellant that it was a third degree felony punishable by a maximum of five years. However, the judge sentenced appellant to fifteen years, the actual maximum authorized by law.

Appellant requests this court to reduce the sentence to five years, relying on Bloom v. State, 290 So.2d 128 (Fla.App.1974). The Court in…