Q: (FL) Can a plea still be valid/stand if it was rejected at the time it was offered, but the facts provided were wrong?
A plea was offered 7 months ago of 29 years with no minimum mandatory. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that the prosecution made a mistake and the minimum is really 20.5. Can this misrepresentation of facts, on the record, be used to regain the terms of that plea to accept it? If so, is there a Pro-Se Motion I can file for this or can I use this issue to return on appeal?
A: I believe it's too late to appeal unless you first move to set aside the conviction. I suggest you get an attorney to file the motion and an appeal if the motion is denied.
A: This is not an issue that is best handled by a pro-se motion...Contact the lawyer who represented you and/or the public defender...You probably have a 3.800 motion and/or 3.850 motion that should be filed on your behalf...But again, contact a lawyer who can deal with the specifics of the case.
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