FREDERICK E. MELVIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that a defendant who knowingly enters into a plea bargain waives any otherwise viable double jeopardy claim challenging the validity of convictions or sentences. The Court affirmed the District Court of Appeal's decision and resolved a certified question of great public importance regarding the effect of plea bargains on constitutional protections.
A defendant who knowingly enters into a plea bargain waives any double jeopardy claim that may affect either his convictions or his sentences. The Court answered the certified question in the affirmative based on the defendant's voluntary acceptance of the bargain in exchange for the substantial benefit of reduced charges.
[1] A defendant waives a double jeopardy challenge to a plea-based conviction when the record reflects a bargained-for plea.
[2] A plea is considered bargained-for even if the defendant remains within the same sentencing range.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“where Novaton entered into a bargained plea with the State, [he] waived any double jeopardy claim that may [have affected] either his convictions or his sentences.”
Establishes the legal principle that plea bargains result in waiver of double jeopardy claims, which the Court applied to Melvin's case.
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Join FLexlaw to unlock all legal intelligenceMelvin entered into a plea bargain with the State on multiple charges in exchange for reduced sentences. The charges arose from criminal acts committe…
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OVERTON, Justice.
We have for review Melvin v. State, 630 So. 2d 1139 (Fla. 3d DCA 1993), in which the district court certified the following as a question of great public importance:
DOES A DEFENDANT, WHO KNOWINGLY ENTERED INTO A PLEA AGREEMENT, THEREBY WAIVE AN OTHERWISE VIABLE DOUBLE JEOPARDY CLAIM[?]
Id. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
The issue presented by the certified question is the same issue this Court recently addressed in Novaton v. State, 634 So. 2d 607 (Fla.1994). In both Novaton and the instant ease, the defendant plea-bargained with the State on multiple charges in exchange for reduced sentences. In each case, the defendant was sentenced according to the bargain and later discovered that some of the convictions were based on duplicative charges and that the convictions should have been barred by the Double Jeopardy Clauses of the state and federal constitutions. In Novaton, this Court held that, under the circumstances of that case, “where Novaton entered into a bargained plea with the State, [he] waived any double jeopardy claim that may [have affected] either his convictions or his sentences.” Id. at 609.
The circumstances in the instant case are essentially the same as those presented in Novaton. Melvin received reduced sentences on multiple charges, based on criminal acts Melvin committed in two separate instances, in exchange for his plea of no contest. The plea colloquy indicates that Melvin voluntarily entered into the plea bargain and that he was aware of the length and nature of each of the sentences to which he agreed. We find that, on these facts, Melvin waived his constitutional protection against double jeopardy in exchange for the substantial benefit of reduced charges. Accordingly, we answer the certified question in the affirmative.1 The decision of the district court of appeal is approved.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . We note, however, that a plea "agreement,” the term used in the certified question, does not necessarily have the same connotation as a plea “bargain.” Our decision in the instant case is based on the fact that Melvin bargained with the State and specifically agreed to plead to each charge and specifically accepted each sentence in exchange for reduced concurrent sentences with a three-year mandatory minimum sentence.
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Citator
Cited By (40 total)
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Kayle Barrington Bates v. State, 750 So. 2d 6 (Fla. 1999)…on to the fact that a waiver would be consistent with prevailing legislative policy, this Court has consistently recognized that a defendant can waive constitutional protections. See Bowles v. Singletary, 698 So. 2d 1201 (Fla.1997); Melvin v. State, 645 So. 2d 448 (Fla.1994); Cochran v. State, 476 So. 2d 207 (Fla.1985). In fact, Florida’s extensive sentencing guidelines scheme has always permitted a defendant convicted of a noncapital offense the option of being sentenced under the prevailing sentencing law o…
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Chames v. DeMAYO, 972 So. 2d 850 (Fla. 2007)…Larzelere v. State, 676 So. 2d 394, 403 (Fla.1996) (recognizing that a defendant may waive the right to conflict-free counsel); Tescher, 578 So. 2d at 703 (finding valid an antenuptial waiver of surviving spouse’s homestead rights); Melvin v. State, 645 So. 2d 448, 449 (Fla.1994) (finding that a defendant who knowingly enters into a plea agreement waives the constitutional protection against double jeopardy in exchange for reduced charges); cf. In re Rule 4-1.5(f)(4)(B), 939 So. 2d at 1038 (citing examples of…
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Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998)…l may be waived), rev. denied, 659 So. 2d 270 (Fla.1995). Constitutional double jeopardy protections can be waived in a plea agreement if a defendant bargains for the terms and is aware of the length and nature of the sentences. See Melvin v. State, 645 So. 2d 448 (Fla.1994); Novaton v. State, 634 So. 2d 607 (Fla.1994). Appellant has failed to demonstrate fundamental error, and he has also failed to demonstrate reversible error. In the trial court, he did not at any time object to the State’s refusal to sign…
Previewing 3 of 40 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Melvin v. State, 630 So. 2d 1139 (Fla. 3d DCA 1993)
- Voorhees v. State, 630 So. 2d 1139 (Fla. 2d DCA 1993)