JAMES LEE LIKELY, APPELLANT,
v.
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.
Appellant's Rule 3.850 motion for post-conviction relief was properly denied because he knowingly waived the procedural requirements of the habitual offender statute, including the PSI requirement, when he agreed to the plea agreement.
A defendant's knowing waiver of procedural rights under the habitual offender statute precludes relief from the trial court's failure to strictly follow statutory procedures.
[1] A defendant's knowing waiver of procedural requirements under the habitual offender statute, including the PSI requirement, precludes post-conviction relief based on the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant agreed to a plea agreement under which he would be sentenced as a habitual felony offender. The trial court discussed the plea with appellan…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Procedural Rights cases and more on FLexlaw
KAHN, Judge.
Appellant appeals the denial of his Rule 3.850 motion on the basis that the trial court erred in failing to order a PSI and in failing to supply written reasons or findings in support of his adjudication as a habitual felony offender. We affirm the trial court’s order. In denying appellant’s motion for post-conviction relief, the trial judge correctly observed that Mr. Likely waived adherence to the procedures of § 775.084(3), Fla.Stat. (1989).
As this court held in Caristi v. State, 578 So. 2d 769, 774 (Fla. 1st DCA 1991), and Jefferson v. State, 571 So. 2d 70, 71 (Fla. 1st DCA 1990), a defendant’s knowing waiver of the procedural rights accorded by § 775.084, the habitual offender statute, precludes any relief from the trial court’s failure to strictly follow the statute. In the instant case, appellant knowingly waived the PSI requirement and agreed to be sentenced as a habitual offender. The transcript clearly shows that the plea was discussed with appellant; that the trial court said he considered the proposed plea agreement as a waiver of the PSI; that defense counsel discussed the court’s interpretation with appellant; and that appellant waived the procedural requirements and agreed to be sentenced as a habitual felony offender. The trial court’s order is affirmed.
SHIVERS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Moore v. State, 768 So. 2d 1140 (Fla. 1st DCA 2000)…gation report. But the trial court did not conduct an evidentiary hearing and made no finding that Mr. Moore personally waived the right to have a presentence investigation report considered or that he even knew of such a right. Cf. Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991). I would reverse the order under review and remand for further proceedings. All agree that the statute unequivocally requires a sentencing court to “obtain and consider a presentence investigation [report] prior to the impositio…
-
Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992)…to seek habitual offender sentencing, “We’re not quarreling with that qualification,” but instead requested the court to give him a guideline sentence or to sentence him as a habitual offender within the guideline range. See, e.g., Likely v. State, 583 So. 2d 414 (Fla. 1st DCA1991); Jefferson v. State, 571 So. 2d 70 (Fla. 1st DCA1990); Baxter v. State, 599 So. 2d 721 (Fla. 2d DCA1992). Turning now to appellant’s third issue, the court orally directed appellant to pay costs and fines of $225, add-on costs of…
-
Spriggs v. State, 615 So. 2d 828 (Fla. 4th DCA 1993)…te, 593 So. 2d 588 (Fla. 1st DCA 1992) (defendant’s knowing waiver of section 775.084 procedural protections by plea agreement for HFO sentence precludes post-conviction relief alleging failure to follow the statutory requirements); Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991) (same); Caristi v. State, 578 So. 2d 769 (Fla. 1st DCA 1991) (same). But cf. Smith v. State, 608 So. 2d 567 (Fla. 1st DCA 1992) (plea arrangement in which defendant agreed that prosecutor would recommend HFO sentence is not a wai…
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
- Caristi v. State, 578 So. 2d 769 (Fla. 1st DCA 1991)
- Jefferson v. State, 571 So. 2d 70 (Fla. 1st DCA 1990)
- Haines v. State, 571 So. 2d 70 (Fla. 1st DCA 1990)