STATE v. GITTO

Nos. 97-1239, 97-1376, 97-1377, 97-1860 and 97-1934.

731 So.2d 686 (1998)

STATE of Florida, Appellant, v. Anthony P. GITTO, Allen Silas, Alfred Perkins, Justin P. Harbin And Corey Harpin, Appellees.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing and Certification April 30, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Jennifer Meek, Robin A. Compton, and Maximillian J. Changus, Assistant Attorneys General, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellant (on rehearing).

Roger L. Weeden, Orlando, for Appellee Anthony P. Gitto.

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellee Allen Silas.

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellee, Allen Silas (on rehearing).

Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee Alfred Perkins.

Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellee Corey Harpin.

Daniel D. Mazar, of Mead & Mazar, Attorneys at Law, Winter Park, for Appellee Justin P. Harpin.

EN BANC


GRIFFIN, C.J.

We have consolidated these cases for consideration because they involve a common issue—the authority of the trial court to strike a plea bargain with a defendant over the prosecutor's objection.1 Because we hold that the trial court has no authority to strike such plea bargains, it is error for the trial court to sentence a defendant in reliance on such a plea. Accordingly...

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