EDGAR E. OLIVER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case addresses whether a defendant can assert a statute of limitations defense after negotiating a plea to a lesser charge. The court held that the defendant is estopped from raising this defense because they induced the plea and benefited from it.
No, the defendant is estopped from asserting the statute of limitations for the lesser charge. By inducing the plea and benefiting from the conviction on the lesser charge, the defendant cannot later change their position to challenge the conviction on that basis.
[1] A defendant who induces a negotiated plea to a lesser charge cannot later assert a statute of limitations defense for that charge.
[2] A defendant is estopped from challenging a conviction on grounds of a statute of limitations when the conviction resulted from a negotiated plea initiated by the defendan…
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Join FLexlaw to unlock all legal intelligence“We find that appellant is estopped to make such a claim.”
Establishes the court's primary conclusion regarding the defendant's ability to raise the statute of limitations.
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Join FLexlaw to unlock all legal intelligenceAppellant Oliver was charged with first-degree murder, a crime with no statute of limitations. He then negotiated a plea to second-degree murder, to w…
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HENDRY, Judge.
The major issue raised by this appeal is whether the appellant, who failed to present or preserve any issue below with respect to a statute of limitations, can now assert the applicability of a statute of limitations for the crime for which he pleaded nolo contendere. We find that appellant is estopped to make such a claim. Oliver was originally charged with first degree murder, a capital offense having no statute of limitations. Thereafter appellant negotiated a plea with the state attorney; the trial court accepted his plea of nolo contendere to second degree murder. The appellee-state submits that the appellant, after having chosen to plead rather than stand trial on the original charge of first degree murder, cannot now rely upon Section 932.465(2), Florida Statutes (1973). The appellee asserts that Oliver is estopped from asserting a statute of limitations where, at the appellant’s inducement, the trial court convicted him of second degree murder incident to his negotiated plea of nolo contendere. It is well settled that a defendant cannot initiate error and then seek reversal based on that error. Jackson v. State, 359 So. 2d 1190 (Fla.1978); King v. State, 373 So. 2d 78 (Fla. 3d DCA 1979); Smith v. State, 345 So. 2d 1080 (Fla. 3d DCA 1977).1 It would be wholly inconsistent for us to hold otherwise in the instant case; since the appellant caused and reaped the benefit of his negotiated plea; he cannot now change his position in an attempt to challenge the conviction on the grounds of a statute of limitations. Furthermore, the appellant neither presented the issue relating to the statute of limitations in the trial court nor preserved the issue for appeal when he pleaded nolo contendere. See, State v. Ashby, 355 So. 2d 138 (Fla. 3d DCA 1978), and Brown v. State, 355 So. 2d 138 (Fla. 3d DCA 1978).
The other points raised have been determined to be without merit.
The judgment of conviction is hereby affirmed.
Affirmed.
. The Supreme Court of Florida denied certiorari. Smith v. State, 353 So. 2d 678 (Fla.1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)…State, 417 So. 2d 1006 (Fla. 3d DCA 1982) (although statute of limitations is said to be a jurisdictional bar to prosecution on lesser included offenses, a defendant can waive the bar if he thinks it does not work to his advantage); Oliver v. State, 379 So. 2d 143 (Fla. 3d DCA 1980) (where defendant was charged with first-degree murder, a capital offense having no statute of limitations, and trial court thereafter accepted negotiated plea of nolo contendere to second-degree murder, defendant was estopped to s…
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Jewell D. Weber v. State, 602 So. 2d 1316 (Fla. 5th DCA 1992)…(Fla.1981) and cases cited therein. . Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). . Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984). . Tucker v. State, 459 So. 2d 306 (Fla.1984); Oliver v. State, 379 So. 2d 143 (Fla. 3d DCA 1980). . Ray v. State, 403 So. 2d 956 (Fla.1981). . Armstrong v. State, 579 So. 2d 734 (Fla.1991); Jackson v. State, 359 So. 2d 1190 (Fla.1978), cert. denied, 439 U.S. 1102, 99 S.Ct. 881, 59 L.Ed.2d 63 (1979).…
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Earvin Smith v. State, 211 So. 3d 176 (Fla. 3d DCA 2016)…strict courts have held that a defendant who enters a plea to a reduced or lesser offense that would otherwise be time-barred by the statute of limitations eannot raise the statute of limitations for the first time on direct appeal. Oliver v. State, 379 So. 2d 143 (Fla. 3d DCA 1980) (applying estoppel principles to hold that defendant, originally charged with first-degree murder, could not assert statute of limitations for first time on appeal where, at defendant’s inducement, trial court accepted negotiated…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. State, 359 So. 2d 1190 (Fla. 1978)
- Shearund Duron King v. State, 373 So. 2d 78 (Fla. 3d DCA 1979)
- Brown v. State, 355 So. 2d 138 (Fla. 3d DCA 1978)
- Smith v. State, 345 So. 2d 1080 (Fla. 3d DCA 1977)