Legal Question in Criminal Law in Florida

Re: state attorney mistake

My friend is receiving bad advise from puplic defender.

He is in jail at the moment was told he had 22 points by state

attorney 2 weeks ago and plead guilty now was told state made a

mistake, he now will go to trial.

My question, state attorney made a mistake with the points and

was recorded, does he not have to honor that?

Thank You,

A. Bland

NO, THE STATE IS NOT BOUND. POINTS REFER TO THE CRIMINAL PUNISHMENT CODE SCORESHEET. THE POINTS ARE CALCULATED BY DIFFERENT FACTORS THAT ALL HAVE TO DO WITH THE DEFENDANTS CHARGES AND PRIOR CONVICTIONS. A PROSECUTOR MAY MAKE A MATHMATICAL MISTAKE BUT ULTIMATELY THE DEFENDANT'S CURRENT CHARGES AND PRIOR RECORD ESTABLISH THE "POINTS." AN OFFER (MEANING A PROPOSED SENTENCED, IF NOT BASED ON MISCALCULATION OF THE DEFENDANT'S SCORE, CAN BE CONSIDERED A CONTRACT IF ACCEPTED BEFORE THE WITHDRAWAL OF THE OFFER. hOWEVER, THE CRIMINAL PUNISHMENT CODE GUIDELINES TAKE PRECEDENT BECAUSE, BY LAW, THE COURT MUST FOLLOW IT.