Can you file an appeal after you accept a plea deal with the State of Florida?
My brother accepted a plea of a 10 year prison sentence followed by 15 years of probation for a dui manslaughter & failure to render aid charge in Florida.
He was sentenced on Jan.27, 2010. Since being incarcerated he was told by another inmate that because he was ordered to write a letter of apology to the victim's family that he could make an appeal for a lesser sentence.
Is there any truth to this and if so, what is the procedure to appeal the sentence?
1 Answer from Attorneys
Do you ever wonder why all the smart jailhouse lawyers are still in jail? Undoubtedly, your brother will hear all kinds of things while in prison and most of it is not true. It is very difficult to withdraw a plea and there is usually nothing to appeal on a plea. In fact, he surely waived his right to appeal by entering a plea. I'm sure a letter of apology was discussed as mitigation of his sentence already. Even if it wasn't, it matters little at this point. Since it is less than 60 days from his sentence, his only realistic option is to do a motion to reconsider his sentence. However, don't expect much because you are basically asking the judge to tell him he was wrong the first time he sentenced your brother. You should discuss this with his attorney.
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