JAMES POWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Powell appeals his convictions for grand theft and firearm offenses, arguing that his double jeopardy rights were violated because the criminal episode underlying his convictions was the same as one for which he had previously been sentenced. The Florida appellate court affirmed, holding that Powell waived any double jeopardy claim by entering into a negotiated plea agreement.
Powell waived any double jeopardy claim by entering into a negotiated plea agreement wherein he agreed to each crime and sentence. A defendant cannot raise a double jeopardy objection after voluntarily entering into a plea agreement that benefited him, particularly when the agreement protected him from facing sentencing as a habitual felony offender.
[1] A defendant waives any double jeopardy claim affecting conviction or sentence by entering into a negotiated plea agreement wherein the defendant agrees to each crime and…
[2] A negotiated plea agreement, which includes an agreement on the maximum sentence and avoidance of habitual offender status, can be considered a waiver of double jeopardy…
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Join FLexlaw to unlock all legal intelligence“a defendant waives any double jeopardy claim that affects his conviction or sentence by entering into a negotiated plea agreement wherein the defendant agrees to each crime and sentence”
Establishes the core rule that voluntary entry into a plea agreement waives double jeopardy objections
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePowell pled guilty to grand theft of an automobile, grand theft, possession of a firearm by a convicted felon, and two counts of grand theft of a fire…
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W. SHARP, Judge.
We affirm defendant James Powell’s judgment and sentences for grand theft of an automobile,1 grand theft,2 possession of a firearm by a convicted felon,3 and two counts of grand theft of a firearm.4 Powell pled guilty to these charges pursuant to a negotiated plea agreement. In exchange, the state agreed to dismiss charges pending against Powell in a different criminal proceeding. Both agreed Powell would receive a maximum sentence of ten years imprisonment and that he would not be sentenced as an habitual offender. The plea agreement was performed by both sides.
In this belated appeal, Powell argues that his double jeopardy rights have been violated because the criminal episode which forms the basis for his convictions in this case is the same as the one for which he pled guilty and was sentenced on a prior occasion. The state responds that Powell failed to properly preserve this double jeopardy claim. We agree.
Novaton v. State, 634 So. 2d 607 (Fla.1994) is dispositive of this case. In Novaton, the Florida Supreme Court ruled that a defendant waives any double jeopardy claim that affects his conviction or sentence by entering into a negotiated plea agreement wherein the defendant agrees to each crime and sentence. As in this case, absent the negotiated plea agreement, the defendant in Novaton could have received a much more severe sentence due to the possibility of being sentenced as an habitual felony offender. Upon execution of the negotiated plea agreement, both defendants received the benefit of their bargains. Accordingly, we affirm. Accord Melvin v. State, 645 So. 2d 448 (Fla.1994); Bryant v. State, 644 So. 2d 513 (Fla. 5th DCA 1994), rev. denied, No. 84,920, 654 So. 2d 130 (Fla. 1995). See also Zaetler v. State, 616 So. 2d 461 (Fla. 3d DCA), rev. denied, 626 So. 2d 210 (Fla.1993) (voluntary guilty plea plus agreement on sentence waived any double jeopardy objection as to convictions and sentences).
AFFIRMED.
THOMPSON, J., concurs.
GRIFFIN, J., concurs specially, with opinion.
. § 812.014(2)(c)4, Fla.Stat. (1991).
. § 812.014(2)(b), Fla.Stat. (1991).
. § 790.23, Fla.Stat. (1991).
. § 812.014(2)(c)3, Fla.Stat. (1991).
GRIFFIN, Judge,
concurring specially.
I write only to say that Novaton is but one of many reasons why appellant is entitled to no relief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Melvin v. State, 645 So. 2d 448 (Fla. 1994)
- Bryant v. State, 644 So. 2d 513 (Fla. 5th DCA 1994)
- Zaetler v. State, 616 So. 2d 461 (Fla. 3d DCA 1993)