final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Suwannee County. Paul S.
Thomas, Public Defender, Jasmine Quintera Russell, Assistant
Public Defender, Christopher L. Craun, Tallahassee, for
Moody, Attorney General, Barbara Debelius, Assistant Attorney
General, Tallahassee, for Appellee.
challenges the trial court's denial of his motion to
withdraw plea. He argued that his sentence of fourteen years
followed by sixteen years' probation violated his plea
was charged with fleeing a law-enforcement officer, resisting
an officer without violence, driving while license suspended
or revoked, multiple counts of possession of a controlled
substance with intent to sell or deliver, and possession of a
controlled substance within 1000 feet of a place of worship.
Appellant's Criminal Punishment Code scoresheet provided
for a maximum sentence of 360 years in prison.
plea agreement stipulated that in exchange for
Appellant's open guilty plea, the State would recommend a
sentence of no more than fifteen years in prison and would
not seek an additional probation term. Appellant would be
allowed to argue for a downward departure from the
fifteen-year prison sentence. Before accepting the plea, the
court conducted an extensive colloquy, during which Appellant
confirmed the voluntariness of his plea, his understanding of
the plea agreement, and his understanding of what the
sentence could be given the scoresheet. During the colloquy,
the court, having established that another judge would be
presiding over sentencing, discussed the State's
recommendation of a fifteen-year prison sentence and asked
the Appellant, "You understand nobody's offering you
any assurances other than it will not be in excess of fifteen
years?," to which Appellant replied "Yes,
sir." The plea agreement was then accepted by the court.
sentencing hearing, the State upheld the agreement,
recommending to the court a fifteen-year prison sentence. The
court sentenced the Appellant to fourteen years in prison to
be followed by sixteen years of drug-offender probation.
filed a motion to withdraw plea alleging that the Appellant
was not told of the possibility of additional probation, and
that the thirty-year split sentence violated the plea
agreement. The court denied the motion, stating that the
court had been lenient with the Appellant by reducing his
original 360-year potential incarceration sentence to a
fourteen-year incarceration sentence with a "lengthy
probation" period to follow, which was less than the
State's recommendation of fifteen years of incarceration.
denial of a motion to withdraw plea is reviewed under an
abuse of discretion standard. Smith v. State, 249
So.2d 1284, 1286 (Fla 1st DCA 2018) (citing Woodly v.
State, 937 So.2d 193, 196 (Fla. 4th DCA 2006)).
when a trial court expressly informs a defendant of the
sentence it will impose under a plea agreement, the trial
court must make it clear to the defendant whether it intends
to impose a probationary period in excess of that sentence.
Jefferson v. State, 515 So.2d 407, 408 (Fla. 1st DCA
1987) (holding that the court violated the plea agreement
because it did not inform the defendant that an additional
probationary period would be imposed). However, in Perras
v. State,550 So.2d 131 (Fla. 1st DCA 1989), this court
distinguished Jefferson, holding that there is a key