BETSY E. COLE A/K/A BETSY YVONNE COLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
At the time appellant entered her plea to numerous offenses she was warned that a habitual felony offender sentence might be imposed resulting in imprisonment for a longer period of time. This warning did not satisfy the requirements of Ashley v. State, 614 So. 2d 486 (Fla.1993). The sentence is reversed and the case remanded to the trial court to allow appellant to withdraw her plea or be sentenced again after proper inquiry pursuant to Ashley.
ZEHMER, C.J., and BARFIELD, J., concur. KAHN, J., specially concurs with written opinion.
KAHN, Judge,
concurring specially.
I would reverse and remand because the trial court improperly accepted appellant’s plea without advising her of the maximum sentence which she could receive, in violation of Rule 3.172(c)(1), Fla.R.Crim.P. I perceive some degree of inconsistency between the requirements imposed by Ashley v. State, 614 So. 2d 486, 490, n. 8 (Fla.1993), and the specific requirements of Rule 3.172(c), upon which the supreme court purported to rely in Ashley. I am somewhat concerned about requiring a trial court to make “proper inquiry pursuant to Ashley,” until the supreme court clarifies Ashley's requirement that a defendant be made aware of the “reasonable consequences” of habitualization. 614 So. 2d at 490.
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Frazier v. State, 645 So. 2d 572 (Fla. 5th DCA 1994)…CURIAM. We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994). We also vacate the Public Defender’s lien imposed in this case because the trial court failed to comply with rule 3.720(d)(1) of the Florida Rules of Criminal Procedure. See Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994). In…
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Maxwell v. State, 645 So. 2d 572 (Fla. 5th DCA 1994)…. We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. [*573] State, 638 So. 2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994). Sentence VACATED; cause REMANDED. PETERSON and DIAMANTIS, JJ., concur. GRIFFIN, J., dissents without opinion.…
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- Ashley v. State, 614 So. 2d 486 (Fla. 1993)