TIMOTHY WAYNE GRASSO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial judge's warnings about habitual offender sentencing satisfied the requirements of Ashley v. State, and failure to object to probation conditions at the sentencing hearing bars appellate review.
Grasso appealed his habitual offender sentence, probation conditions, and fees. The state and trial judge did not provide written notice of intent to …
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W. SHARP, Judge.
Grasso appeals his habitual offender sentence, various conditions of probation imposed at the sentencing hearing, and certain fees imposed.1 Although the state and trial judge failed to give Grasso written notice of intent to seek enhanced sentencing prior to accepting Grasso’s guilty pleas at the plea hearing, the trial judge gave Grasso adequate warnings which in our view satisfy the requirements of Ashley v. State, 614 So. 2d 486 (Fla.1993); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994).2
Grasso failed to object to the two conditions of probation he now challenges (abstaining from alcohol and not entering any establishment whose primary purpose is the sale or consumption of alcoholic beverages), at the sentencing hearing. That is fatal to his challenge on appeal. See Larson v. State, 572 So. 2d 1368 (Fla.1991); Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA), rev. denied, 419 So. 2d 1195 (Fla.1982). Further, he agreed to the cost assessments in his plea agreement. Accordingly we affirm.
AFFIRMED.
HARRIS, C.J., and COBB, J., concur. . A public defender fee of $100.00, $250.00 for the state attorney’s costs and $150.00 for law enforcement agency costs.
. At the plea hearing, the trial judge said:
If you have two or more prior felony convictions on your record — and you already said you do — there would be a separate proceeding conducted. It would be set for the 24th, the same day the sentencing would be set. If you have those two prior felony convictions, then your sentence doubles.... If in fact you are habitual, qualified to be one, I will classify you as a habitual, (emphasis supplied)
The trial court also warned Grasso he would not be entitled to basic gain time and the sentence could be consecutive to sentences he was then serving.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994)…hat Joseph Santoro did not receive the requisite written notice of intent to habit-ualize prior to his plea as required by Ashley. Nor did he receive the actual (oral) notice during the sentencing proceeding that we held adequate in Grasso v. State, 639 So. 2d 152 (Fla. 5th DCA 1994) and Voth v. State, 638 So. 2d 121 (Fla. 5th DCA 1994). Here, the State claims that the Ashley requirement has been satisfied because the plea agreement contains the following provision: My attorney has explained to me the total…
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Dewayne Smith v. State, 642 So. 2d 69 (Fla. 5th DCA 1994)…GRIFFIN, Judge, dissenting. I respectfully dissent. This case is more like Grasso v. State, 639 So. 2d 152 (Fla. 5th DCA 1994) than like Thompson v. State. In Thompson, the court found there to be a defect in Judge Watson’s plea agreement form in that it failed to adequately inform the defendant of the consequences of his plea as required by Ashley v. St…1 / 2
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Ervin Bledsoe v. State, 657 So. 2d 1235 (Fla. 5th DCA 1995)…Under these circumstances, Bledsoe waived his right to challenge the condition prohibiting his excessive use of intoxicants when condition 6 appeared in the subsequently entered orders placing him on community control and probation. Grasso v. State, 639 So. 2d 152 (Fla. 5th DCA 1994). Bledsoe’s objection to condition 7 also is without merit, inasmuch as this court previously has approved the imposition of this condition. Armstrong v. State, 620 So. 2d 1120,1121-22 (Fla. 5th DCA 1993). See also Gregory v. Sta…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ashley v. State, 614 So. 2d 486 (Fla. 1993)
- Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
- Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982)
- Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994)