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Cox v. State, Case No. 1D08-5731 (Fla. App. 4/13/2010) (Fla. App., 2010)

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SAMUEL COX, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D08-5731. District Court of Appeal of Florida, First District. Opinion filed April 13, 2010. An appeal from the circuit court for Duval County, John Merrett, Judge. James T. Miller, Jacksonville, for Appellant. Bill McCollum, Attorney General, Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. THOMAS, J. Under current law, Florida Rule of Criminal Procedure 3.172(g) has been interpreted to grant a criminal defendant the substantive right to unilaterally withdraw from a negotiated plea agreement. We write to note that rule 3.172(g) should be amended to prohibit defendants from withdrawing from negotiated plea agreements when the State has completed or partially completed its part of the agreement...continue to full post

Full post as published by Florida Criminal Law Opinions on April 13, 2010 (boomark / email).