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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Legal Updates

The 2nd DCA recently readdressed a sentencing issue involving negotiated plea agreements with the state. Where a defendant enters a negotiated agreement with the state attorney, especially where he receives a below guidelines sentence, he cannot later request the court mitigate his sentence. State v. Szempruch

The Court quoted the 5th DCA's opinion in State v. Swett, to support the logic of the ruling:

The sentence was part of a quid pro quo and the defendant cannot accept the benefit of the bargain without accepting its burden.

To allow a defendant to use a rule 3.800(c) motion to evade a negotiated plea "would discourage the state from entering into plea bargains in the future."

This ruling seems to prevent any type of Motion to Mitigate, even where you are attempting to terminate your client's probation early.