STATE OF FLORIDA, PETITIONER,
v.
MICHAEL FULLER, RESPONDENT
STATE OF FLORIDA, PETITIONER,
MICHAEL FULLER, RESPONDENT
595 So. 2d 20
Florida Supreme Court (1992)
Positive Treatment
Cited by 10 cases
Opinion of the Court
OVERTON, Judge.
We quash the decision of the district court in Fuller v. State, 578 So. 2d 887 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So. 2d 22 (Fla.1992),1 and remand for further proceedings consistent with our decision in Barnes.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . The 1989 amendment to section 775.-084(l)(a)l, Florida Statutes (Supp.1988), did not change the plain meaning of the statute.
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Gaskins v. State, 607 So. 2d 475 (Fla. 1st DCA 1992)…rson, 572 So. 2d at 1371; Williams v. State, 500 So. 2d 501, 503 (Fla.1986), clarified in Quarterman v. State, 527 So. 2d 1380 (Fla.1988); Rhoden, 448 So. 2d at 1016; Fuller v. State, 578 So. 2d 887, 889 (Fla. 1st DCA1991), quashed on other grounds, 595 So. 2d 20 (Fla.1992); Poppell v. State, 509 So. 2d 390, 390 (Fla. 1st DCA1987); Bernard v. State, 571 So. 2d 560, 561 (Fla. 5th DCA1990). If a defendant cannot confer authority on a court to impose an illegal sentence during the initial sentencing proceeding…
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Wuornos v. State, 676 So. 2d 966 (Fla. 1995)…ll not render a plea void absent a showing of prejudice. Fla.R.Crim.P. 3.172(i). Florida case law is in accord. Judge Ervin of the First District correctly noted in Fuller v. State, 578 So. 2d 887, 889 (Fla. 1st DCA 1991), quashed on other grounds, 595 So. 2d 20 (Fla.1992): In the absence of an allegation of prejudice or manifest injustice to the defendant, the trial court’s failure to adhere to rule 3.172 is an insufficient basis for reversal. In sum, there is no possibility of error absent an allegation…
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Fuller v. State, 605 So. 2d 1307 (Fla. 1st DCA 1992)…nd affirmed as to the fourth issue. Our supreme court has now quashed our decision on the first issue, and remanded to this court for further proceedings consistent with the decision in State v. Barnes, 595 So. 2d 22 (Fla.1992). See State v. Fuller, 595 So. 2d 20 (Fla.1991). Based upon Barnes, we now affirm appellant’s first issue on the basis that sequential convictions are not required for imposition of a habitual felony offender sentence under section 775.084. We conclude, however, that reversal and rem…
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- State v. Barnes, 595 So. 2d 22 (Fla. 1992)
- Fuller v. State, 578 So. 2d 887 (Fla. 1st DCA 1991)