JOSEPH CARBONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH CARBONE, APPELLANT,
STATE OF FLORIDA, APPELLEE
615 So. 2d 282
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant challenges the legality of his sentence as an habitual felony offender, following his plea of guilty, because the trial court failed to make the findings mandated by section 775.084(1)(a), Florida Statutes (1991). We find this error to be harmless. See State v. Rucker, 613 So. 2d 460 (Fla.1993). We also find we lack jurisdiction to review the suppression issue since the appellant subsequently entered a plea of guilty. Our ruling, however, is without prejudice to the appellant on remand to seek to withdraw his plea since it appears that it may have been entered by mistake. See Ross v. State, 566 So. 2d 356 (Fla. 4th DCA 1990).
ANSTEAD, POLEN and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Herrington v. State, 622 So. 2d 1339 (Fla. 4th DCA 1993)…5.084(1)(a) 1 & 2, Florida Statutes (1991). We conclude that the court’s failure to make these findings is harmless error, and resolve a conflict between two of our opinions, Robinson v. State, 614 So. 2d 21 (Fla. 4th DCA1993), and Carbone v. State, 615 So. 2d 282, 285 (Fla. 4th DCA1993). Defendant, charged in 1989 with seventeen counts of burglary, petty theft, or grand theft, agreed to a plea in which he was sentenced to one year in jail and fifteen years’ probation. In 1990 defendant was charged with addi…
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Barther v. State, 674 So. 2d 887 (Fla. 4th DCA 1996)…offender, and must dismiss this appeal. We observe, however, that inasmuch as appellant was allowed to believe he could reserve the right to appeal he should be permitted to withdraw his plea and stand trial, if he so chooses. See Carbone v. State, 615 So. 2d 282 (Fla. 4th DCA 1993); Ross v. State, 566 So. 2d 356 (Fla. 4th DCA 1990). APPEAL DISMISSED. POLEN and SHAHOOD, JJ., concur.…
Authorities Cited
- State v. Rucker, 613 So. 2d 460 (Fla. 1993)
- Ross v. State, 566 So. 2d 356 (Fla. 4th DCA 1990)