Opinion
No. 98-2977.
Opinion filed July 28, 1999.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Nos. 98-10773CF10A and 98-13645CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, Mallorye Cunningham, and Kai Li Aloe Fouts, Assistant Public Defenders, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
We grant appellee's motion for rehearing, withdraw our previous opinion, and substitute the following opinion.
In this case the trial court accepted the defendant's pleas of guilty to the crimes charged in two informations. The state objected to "the plea offer as given by the court." As we have previously held, a trial court may accept a plea to crimes as charged in an information over the state's objection. See State v. Warner, 721 So.2d 767 (Fla. 4th DCA 1998), review granted, Table No. 94-842 (Fla. May 4, 1999). This is not a case involving a plea to reduced charges, to which the state must consent under Florida Rule of Criminal Procedure 3.170(h). Cf. State v. Vesquez, No. 98-1831 (Fla. 4th DCA June 30, 1999). The state failed to preserve its objections to the sentences imposed.
AFFIRMED.
KLEIN, GROSS and HAZOURI, JJ., concur.