STATE OF FLORIDA, PETITIONER,
v.
CLYDE JEFFERSON, RESPONDENT
SHAW, Justice.
We have for review Jefferson v. State, 657 So. 2d 14 (Fla.4th DCA 1995), based on conflict with State v. Wilson, 658 So. 2d 521 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The parties agree that Jefferson was sentenced in violation of Ashley v. State, 614 So. 2d 486 (Fla.1993). We quash Jefferson and remand for resentencing. Jefferson should be given the opportumty to withdraw his plea and proceed to trial if he so desires. Should he plead nolo or guilty, the court may in its discretion sentence him under the guidelines or impose an habitual offender term if the dictates of section 775.084, Florida Statutes (1993), and Ashley are met.
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Collins v. State, 687 So. 2d 919 (Fla. 2d DCA 1997)…Fla. 2d DCA 1993). Should the appellant plead nolo or guilty, the trial court may in its discretion resentence him under the guidelines or impose a habitual offender term if the requirements of section 775.084 and Ashley are met. State v. Jefferson, 665 So. 2d 1057 (Fla.1996); State v. Washington, 657 So. 2d 1156 (Fla. 1995); State v. Wilson, 658 So. 2d 521 (Fla.1995). [*921] In summary, we affirm all convictions except for the grand theft in each of the three underlying cases which shall be stricken on remand…
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Murphy v. State, 952 So. 2d 1214 (Fla. 5th DCA 2007)…Mr. Murphy plead no contest or guilty the trial court could, in its discretion, impose a guideline sentence or an habitual offender term provided that the requirements of section 775.084, Florida Statutes and Ashley are met. See State v. Jefferson, 665 So. 2d 1057 (Fla.1996); Pitts v. State, 805 So. 2d 1087 (Fla. 5th DCA 2002). REVERSED and REMANDED. PALMER and TORPY, JJ., concur.…
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Espinoza v. State, 679 So. 2d 47 (Fla. 4th DCA 1996)…ctive assistance of counsel for failing to make appellant “aware of [what] the consequences of habitualization would mean to him in the way of gain time and early release programs.” See State v. Wilson, 658 So. 2d 521 (Fla.1995); State v. Jefferson, 665 So. 2d 1057 (Fla.1996). On this ground, we remand to the trial court for an evidentiary hearing pursuant to Strickland v. Washington, 466 [*48] U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to all other claims for post conviction relief, we find no erro…
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- Ashley v. State, 614 So. 2d 486 (Fla. 1993)
- State v. Wilson, 658 So. 2d 521 (Fla. 1995)
- Jefferson v. State, 657 So. 2d 14 (Fla. 4th DCA 1995)