03-0343 PARKS V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 03-0343 PARKS V. STATE

Case Date: 12/17/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

GIVANNI TORRELL PARKS, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** CASE NO. 3D03-343

LOWER TRIBUNAL NO. 96-38947

Opinion filed December 17, 2003. An Appeal from the Circuit Court for Miami-Dade County, David H. Young, Judge. Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, and Rebecca M. Placensia, Certified Legal Intern, for appellee. Before SCHWARTZ, C.J., and COPE, and RAMIREZ, JJ. PER CURIAM. We conclude that the trial court correctly found, after a full evidentiary hearing, that appellant failed to comply with the terms

of his plea agreement, thus the trial court properly vacated his sentence and resentenced him. McCoy v. State, 599 So. 2d 645 (Fla. 1992). The plea agreement required the appellant to testify

against his co-defendant, identifying him as the shooter in a homicide prosecution. The testimony was to be consistent with his However, at his deposition, appellant not remember most of the information

prior sworn statement. claimed that he could

contained in his prior sworn statement, and would not identify the co-defendant as the shooter. We therefore affirm.

2

Download 03-0343 PARKS V. STATE.pdf