Noon v. StateNoon v. State
Harold Gerard NOON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
DOWNEY, Judge.
Noon has perfected this appeal from a judgment of conviction and sentence consisting of fifteen years in prison and a twenty-five thousand dollar fine, for the offense of trafficking in four hundred grams or more of cocaine. He seeks to reverse the judgment and sentence because the trial court denied his motion to withdraw his guilty plea entered pursuant to a plea bargain that also involved an agreement with the state as provided in section 893.135(3), Flоrida Statutes (1983).
In conjunction with entry of his guilty plea, Noon and the state entered into a written contract in which it was agreed that, if Noon provided the state with substantial assistance in accomplishing the goals provided in the statute, "or any other substantial assistance that the Office of the Statе Attorney deems appropriate," the state would recommend certain mitigated sentences. A footnote to the agreement indicated that for assistance in recovering certain quantities of cocaine, methaqualones, or marijuana, Noon would receive *669 certain reduced sentences. Thereafter, Noon attempted to rеnder the substantial assistance required by setting up several drug transactions. However, the quantities specified were not obtained, due in part to the law enforcement people failing to assist Noon after he hаd set up a major cocaine deal.
After two continuances оf the sentencing date, when it appeared he had been unable tо convince the state he had rendered substantial assistance, Noon sought to withdraw his guilty plea. In support of that motion, Noon contended hе had tried to render assistance but the police would not cooрerate with him. Furthermore, he claimed the agreement was one-sided the state held all the cards and he had to play the game the state's wаy. After hearing all sides, the trial court refused to allow Noon to withdraw his plea and sentence was imposed.
Florida Rule of Criminal Procedure 3.170(f) provides that the court may, in its discretion, and shall upon good cause, at any time before a sentence, permit a guilty plea to be withdrawn. We believe good cause was shown here requiring the trial court to allow withdrawal of the plea. As in the case of Waseleski v. State,
Accordingly, we reverse the judgment and sentence appealed from and remand the cause with directions to allow Noon to withdraw his guilty plea, and for further proceedings.
REVERSED AND REMANDED with directions.
LETTS and WALDEN, JJ., concur.