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BYRD v. STATE

No. 5D99-2203.

794 So.2d 671 (2001)

Dexter BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 19, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

This case reflects the hazards of judicial plea negotiations. The supreme court held in State v. Warner, 762 So.2d 507 (Fla. 2000), that Florida recognizes a form of judicial plea negotiation even over the objection of the State. The form approved is that the court may make a pre-trial evaluation of what an appropriate sentence for the offense would be regardless of whether the defendant pleads or goes to trial...

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