STATE OF FLORIDA, PETITIONER,
v.
RICHARD BLACKWELL, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. JESSIE BROWN, II, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. DARRYL HOLMES, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. ROBERT JONES, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. WILLIE T. THOMPSON, RESPONDENT

Fla. | 1995-07-20
Nos. 84071, 84176, 84148, 84150 and 83951
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
661 So. 2d 282 Florida Supreme Court (1995) Caution
Cited by 62 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court reviewed decisions where defendants were sentenced as habitual offenders after pleading guilty. The court held that if a written plea agreement clearly outlines the possibility and consequences of habitualization, it satisfies the "knowing and intelligent" plea requirement, even if the habitualization notice came within the plea itself.


Holding

Yes, the court held that when a written plea agreement clearly outlines the potential for habitualization and its consequences, and the defendant acknowledges understanding this before the plea is accepted, the requirements of Ashley v. State are met. The prior notice can be incorporated into the plea document itself.


Headnotes

[1] A defendant's guilty or nolo contendere plea is knowing and intelligent for habitualization purposes when the defendant receives written notice of the possibility and rea…

[2] Written notice of the possibility of habitualization is satisfied when the defendant receives such notice before the court accepts the plea.

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Key Quotes

“In sum, we hold that in order for a defendant to be habitualized following a guilty or nolo plea, the following must take place prior to acceptance of the plea: 1) The defendant must be given written notice of intent to habitualize, and 2) the court must confirm that the defendant is personally aware of the possibility and reasonable consequences of habitualization.”

This quote summarizes the requirements established in the prior Ashley v. State case that the current case is analyzing.

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Facts & Procedural History

Several defendants pleaded guilty to crimes, with their written plea agreements containing detailed provisions about the possibility and consequences …

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Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review the following decisions based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993): Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Holmes v. State, 639 So. 2d 151 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); and Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Blackwell, Brown, Holmes, Jones, and Thompson.

The defendants in the above consolidated cases pled guilty to various crimes, submitting written pleas containing the following provisions:

4. I have read the information or indictment in this ease and I understand the charge(s) to which I enter my plea(s). My attorney has explained to me the total maximum penalties of the eharge(s) and as a result I understand the following:
a. That should the Judge impose a guidelines sentence, I could receive up to a maximum sentence of_years imprisonment and a maximum fine of_or both.

b. That should the Judge impose a departure sentence, I could receive up to a maximum sentence of_years imprisonment and a fine of_or both.

c. That should I be determined by the Judge to be a Violent Habitual Felony Offender, and should the Judge sentence me as such, I could receive up to a maximum sentence of_years imprisonment and a mandatory minimum of_years imprisonment and that as to any habitual offender sentence I would not be entitled to receive any basic gain time.

d. That should I be determined by the Judge to be a Non-Violent Habitual Felony Offender, and should the Judge sentence me as such, I could receive up to a maximum sentence _ years imprisonment and a mandatoiy minimum of_ years imprisonment and that as to any habitual offender sentence I would not be entitled to receive any basic gain time.

e. That whether a guidelines sentence or departure sentence or habitual offender sentence, I will receive a mandatory minimum sentence of_years imprisonment.

The blank spaces in each plea were filled in with appropriate data.

The court diseussed the pleas with the defendants and accepted the pleas. Later, the defendants were served with written notice of a separate proceeding to determine if they qualified for habitual offender treatment. After concluding that they qualified, the court habitualized each defendant. The district court reversed the sentences pursuant to Ashley v. State, 614 So. 2d 486 (Fla. 1993), and remanded for resentencing. The State petitioned for review.

This Court in Ashley held that before a court can habitualize a defendant pursuant to a plea two steps must be completed:

In sum, we hold that in order for a defendant to be habitualized following a guilty or nolo plea, the following must take place prior to acceptance of the plea: 1) The defendant must be given written notice of intent to habitualize, and 2) the court must confirm that the defendant is personally aware of the possibility and reasonable consequences of habitualization.

Ashley, 614 So. 2d at 490 (footnote omitted).1

In the present cases, each defendant was informed of the possibility and consequences of habitualization via the provisions of his written plea. Additionally, prior to accepting the pleas, the court discussed the pleas with the defendants. The issue posed by these cases is whether these circumstances were sufficient to satisfy the requirements of Ashley.

In Ashley, the defendant was given no notice whatsoever of habitualization prior to acceptance of his plea. The entire discussion at the plea hearing centered on the sentencing guidelines, indicating a guidelines sentence would be forthcoming. Habitualization was never mentioned. Not until three days after acceptance of Ashley’s plea did the State file notice of intent to seek habitualization. Ashley’s motion to withdraw his plea was denied and he was sentenced to an habitual offender term.

We vacated Ashley’s sentence because his plea was not knowing and intelligent. At the time his plea was entered and accepted, he did not have a clue he would be habitualized or what habitualization meant — he had in effect been blindsided. We do not have that situation in the present consolidated cases.

Each of the present defendants signed a written plea acknowledging the possibility and consequences of habitualization. The maximum terms, loss of gain time, and possible mandatory minimum terms were spelled out in detail. Before accepting the pleas, the court confirmed with each defendant that he had read the plea and understood it, and the court offered each defendant an opportunity to ask questions. Each defendant said he had read the plea, understood it, and had no questions.

The present pleas, we conclude, were knowing and intelligent under Ashley. Indeed, it would be difficult to give a defendant a clearer picture of his or her sentencing possibilities.

We hold that the first prong of Ashley (“[t]he defendant must be given written notice of intent to habitualize”) is satisfied where the defendant receives written notice of the possibility of habitualization before his or her plea is accepted. The scenario to be avoided is where a defendant — like Ashley— receives no pre-plea notice whatsoever. We quash Blackwell, Brown, Holmes, Jones, and Thompson, and remand for proceedings consistent with this opinion.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . We explained the "consequences of habituali-zation'' in Ashley v. State, 614 So. 2d 486, 490 n. 8 (Fla. 1993):

The defendant should be told of his or her eligibility for habitualization, the maximum habitual offender term for the charged offense. the fact that habitualization may affect the possibility of early release through certain programs, and, where habitual violent felony offender provisions are implicated, the mandatory minimum term.

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Citator

Cited By (30 total)

  • HEN LIN LU v. State, 683 So. 2d 1110 (Fla. 4th DCA 1996)
    …t the plea was intelligent and voluntary. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). This responsibility of the trial court is demonstrated in two cases, Koenig v. State, 597 So. 2d 256 (Fla.1992), and State v. Blackwell, 661 So. 2d 282 (Fla.1995). The defendant in Koenig attacked his plea by asserting that the record did not show an intelligent and voluntary waiver of his constitutional rights. Before his plea conference, the defendant had signed a form which described in detail t…
  • Taurance Young v. State, 699 So. 2d 624 (Fla. 1997)
    …in a separate opinion by Justice Overton in State v. Booth, 672 So. 2d 35 (Fla.1996). In Booth, this Court summarily quashed the district court’s decision below and remanded for proceedings consistent with our recent decision in State v. Blackwell, 661 So. 2d 282, 284 (Fla.1995) (holding the requirement that defendant be given notice of intent to habitualize is satisfied where defendant receives written notice of possibility of habitualization before his or her plea is accepted). Although the majority in Boo…
  • Smith v. State, 840 So. 2d 404 (Fla. 4th DCA 2003)
    …ED. STONE, J., concurs. MAY, J., concurs specially with opinion. . We note that had a signed drug court agreement been adequately covered in the plea colloquy, then the result in this case would have been different. See, e.g., State v. Blackwell, 661 So. 2d 282, 283-84 (Fla.1995) (holding defendants not entitled to withdraw their pleas where they signed written pleas acknowledging the possibility and consequences of habitualization, where the defendants were served with written notice of a separate proceed…

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