Sherrell STEPHENS, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· September 12, 2012 · Docket No. 4D10-4020
97 So. 3d 287
Syllabus
Sherrell STEPHENS, Appellant, v. STATE of Florida, Appellee. No. 4D10-4020. District Court of Appeal of Florida, Fourth District. Sept. 12, 2012. Carey Haughwout, Public Defender, and Narine N. Austin, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (770 characters)
PER CURIAM. Affirmed. Appellant’s challenge to her sentence as being in excess of the plea agreement was not properly preserved. See Hall v. State, 765 So.2d 282, 284 (Fla. 4th DCA 2000) (“[I]f the court imposes a sentence in excess of the plea bargain, his claim will be cognizable on appeal only if he filed a motion to withdraw his plea to preserve his claim.” ); Gafford v. State, 783 So.2d 1191, 1192 (Fla. 1st DCA 2001) (sentence which exceeds plea agreement is not considered an illegal sentence but must be challenged by a motion to withdraw plea agreement). We affirm without prejudice for appellant to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Hall, 765 So.2d at 284. WARNER, HAZOURI and CIKLIN, JJ., concur.
Source: Caselaw Access Project (Harvard Law School). This page is informational and is not legal advice.