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Florida Third District Court of Appeal – Criminal Headnotes – November 1, 2017

GLENN STEVEN HANES V. STATE OF FLORIDA – APPEAL FROM SENTENCING UNDER "INVOLUNTARY" PLEA PREMATURE

            Appeal from conviction and sentence following a negotiated plea agreement.  The defendant argued the plea was not voluntary because the colloquy was not "thorough."

            The appeals court dismissed the appeal as premature, but without prejudice to the defendant's right to file a motion in the trial court to withdraw the plea.

STATE OF FLORIDA V. YANKER PEREZ-DIAZ – REMAND FOR RESENTENCING WITHIN GUIDELINES DID NOT AUTHORIZE TRIAL COURT TO ENTERTAIN MOTION FOR POST-CONVICTION RELIEF

            Appeal by the state from an order granting post-conviction relief.

            The state had previously appealed a downward departure sentence following an open, non-negotiated plea, and the appeals court had reversed and remanded with instructions to resentence within the guidelines.

            Rather than proceed with a resentencing hearing, the trial court granted the defendant's motion for post-conviction relief, vacated the plea, the finding of guilt, the judgment, and the sentence.

            The appeals court treated the present appeal as a motion to enforce the mandate and granted that motion.  The court quashed the order granting post-conviction relief, but noted the defendant could refile his motion after a sentence was actually imposed.