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McFord v. State7/14/2004
Emile McFord appeals a final judgment of conviction and sentence for violating a substantial assistance plea agreement. We affirm.
In April 2001, McFord was charged with drug trafficking in violation of § 893.135(1)(b)(2), Fla. Stat. (2000). In September of that year, McFord entered into a plea agreement to supply the State with "substantial assistance," see § 893.135(4), Fla. Stat. (2000), in undercover drug investigations in exchange for the State's agreement to waive the applicable fifteen-year minimum mandatory provision of his sentence. Other conditions of the agreement were that McFord would "refrain from the commission of any crime" while on release pursuant to the agreement, and also provide to the authorities " tangible items which are in any way related to any criminal acts." McFord acknowledged that " he commission by the Defendant of any crime . . . shall be a violation of agreement," resulting in reinstatement of the minimum mandatory provision and a sentence of thirty years in state prison. The plea agreement also required the Defendant to "make daily telephone or personal contact" with the detective assigned to his case.
At the plea colloquy, the trial court reviewed the plea agreement with the Defendant paragraph by paragraph. The court impressed upon the Defendant that not only would he be assisting the police in further drug investigations, but also stressed the condition that the commission of any further crime would constitute a violation of the agreement. Among the several admonitions of the trial judge to the Defendant were the following:
THE COURT: Paragraph 9, the Defendant agrees to refrain from the commission of any crimes during the pendency of this case and if the Defendant cooperates (sic) the commission of any felony inside or outside of Miami-Dade County he shall be in violation of this agreement and the Defendant shall be sentenced pursuant to paragraph 13, I will get that in a moment . . .
While you=re out there, if you commit any kind of crime, it could be driving under the influence , possessing marijuana, [even a] misdemeanor amount, drinking in public, or any number of misdemeanors, or any felony for that matter, then you will suffer the consequences of your violation of this agreement . . .
Do you understand that?
THE DEFENDANT: Yes, sir.
[THE COURT]: Paragraph 13, if the Defendant, this is the critical one you need to be aware of because it goes back to what we are talking about, you get arrested for anything, you fail to do what you are required to do under this agreement . . . if you fall on your own sword because you don't follow through with what you're supposed to . . . you get rearrested for something while you're trying to help, then you get thirty years with a fifteen year minimum mandatory.
If its alleged that you have violated the terms and conditions of this plea agreement, you will be entitled to a hearing because I'll not just violate you on the word of the prosecutor or officer, I would conduct a formal hearing and receive evidence, and it's from that I will determine if you are in compliance or violation.
Do you understand that?
THE DEFENDANT: Yes, sir.
Approximately one year after the plea hearing, the detective involved in handling the Defendant's case received a tip from the Miami-Dade County Robbery Bureau that Defendant was dealing in narcotics. After some surveillance on Defendant's house and other investigation, the detective approached the Defendant and asked whether he had anything concealed in his home. The Defendant admitted that he had cocaine. A search of Defendant=s bedroom, done with Defendant=s
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