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Lollar v. State

Lollar v. State, 443 So. 2d 1079 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 20, 1984
Docket
No. 83-1263
Judges
Ott
Citations
443 So. 2d 1079
Cited by 7 1 descriptions by later courts

Opinion

443 So.2d 1079 (1984)

Bobby Joe LOLLAR, Appellant,

v.

STATE of Florida, Appellee.

No. 83-1263.

District Court of Appeal of Florida, Second District.

January 20, 1984.

Jerry Hill, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

OTT, Chief Judge.

Pursuant to negotiations, appellant agreed to plead nolo contendere and the state agreed to remain silent at appellant's sentencing hearing. The state failed to keep the bargain. Appellant's motion to withdraw his plea was denied. Instead, a new sentencing hearing was scheduled before a successor judge. We reverse.

A defendant should be allowed to withdraw his plea when the terms of a plea bargain are not honored. See, e.g., Nesmith v. State, 374 So.2d 1139 (Fla. 2d DCA 1979) (trial judge declined to honor plea bargain); Wood v. State, 357 So.2d 1060 (Fla. 1st DCA 1978) (state violated agreement to recommend concurrent sentences). Vetter v. State, 425 So.2d 575 (Fla. 2d DCA 1982), relied on by the trial judge, is factually distinguishable. There, the defendant moved to vacate his sentence only.

REVERSED and REMANDED for further proceedings not inconsistent with this opinion.

DANAHY and CAMPBELL, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 7 cases

View all citing references →
1985: 21986: 21987: 22003: 119852026peak 1985 · 2

Relies on it most ⓘ

  1. Fortini v. State472 So. 2d 1383 (Fla. Dist. Ct. App. 1985)
  2. Lee v. State490 So. 2d 80 (Fla. Dist. Ct. App. 1986)
  3. MacKer v. State500 So. 2d 256 (Fla. Dist. Ct. App. 1986)
  4. Curry v. State513 So. 2d 204 (Fla. Dist. Ct. App. 1987)
  5. Jackson v. State515 So. 2d 349 (Fla. Dist. Ct. App. 1987)
  6. Echevarria v. State845 So. 2d 340 (Fla. Dist. Ct. App. 2003)

Most recent

  1. Echevarria v. State845 So. 2d 340 (Fla. Dist. Ct. App. 2003)
  2. Jackson v. State515 So. 2d 349 (Fla. Dist. Ct. App. 1987)
  3. Curry v. State513 So. 2d 204 (Fla. Dist. Ct. App. 1987)
  4. MacKer v. State500 So. 2d 256 (Fla. Dist. Ct. App. 1986)
  5. Lee v. State490 So. 2d 80 (Fla. Dist. Ct. App. 1986)
  6. Fortini v. State472 So. 2d 1383 (Fla. Dist. Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Wood v. State, 357 So. 2d 1060 (Fla. Dist. Ct. App. 1978) 13
Nesmith v. State, 374 So. 2d 1139 (Fla. Dist. Ct. App. 1979) 12
Vetter v. State, 425 So. 2d 575 (Fla. Dist. Ct. App. 1982) 4

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