Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Chris MEARNS, Appellant, v. STATE of Florida, Appellee.
Chris Mearns appeals the denial of his motion to withdraw his guilty pleas to numerous violations of probation ranging from failure to make restitution payments, to narcotics possession. After his probation was revoked and he was resentenced, Mearns sought to withdraw his pleas, arguing he was unaware that the trial court could impose a split sentence of incarceration followed by probation. This is not a legal basis for allowing Mearns to withdraw his plea, since after revoking Mearns' probation the court was free to impose any sentence it may have originally imposed before placing him on probation. We affirm the denial of the motion to withdraw pleas. See § 948.06(1), Fla. Stat. (1987); Williams v. State, 629 So.2d 174 (Fla. 2d DCA 1993).
We remand, however, to correct an error in Mearns' written sentence in circuit court case no. 94-927F. The trial court orally pronounced a sentence of sixty months' imprisonment with credit for time served. The sentencing documents in that case reflect a sentence of 113.4 months and must be corrected to conform with the court's oral pronouncement. See Matthews v. State, 578 So.2d 51 (Fla. 2d DCA 1991). All sentences imposed in the remaining cases are affirmed.
PER CURIAM.
BLUE, A.C.J., QUINCE and CASANUEVA, JJ., Concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 97-00474.
Decided: August 26, 1998
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)