5D02-957 Stinson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-957

Case Date: 03/10/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

THADIUS STINSON, Appellant, v. CASE NO. 5D02-957

STATE OF FLORIDA, Appellee. / Opinion filed March 14, 2003. Appeal from the Circuit Court for Orange County, Jay P. Cohen, Judge. James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. Thadius R. Stinson appeals the denial of his motion to withdraw his plea and vacate his sentence. We affirm.

Stinson was charged with two counts of robbery with a firearm, 1 possession of a firearm by a convicted felon,2 carrying a concealed firearm,3 and possession of drug paraphernalia.4 On 17 January 2002, as the case was about to go to trial, the state offered Stinson a sentence of thirty years in prison in exchange for a guilty plea. The state told the court that if Stinson accepted the offer of thirty years in prison, Stinson's co-defendant, his brother, would be offered five years of probation. Stinson agreed and entered a plea of guilty to the lesser charge of robbery with a weapon, stating he understood that under the original charges he faced a life sentence as a prison releasee reoffender.5 The state amended the information to

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