KENNETH E. BARTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kenneth Barton challenged his habitual offender sentence, arguing the trial court violated statutory requirements by sentencing him without a presentence investigation report. The appellate court affirmed, finding that Barton's plea bargain specifically contemplating a habitual offender sentence constituted a waiver of the PSI requirement.
A defendant who bargains for a habitual offender sentence and signs a plea form clearly contemplating such a sentence effectively waives the statutory requirement for a presentence investigation report, even if the trial court did not obtain one before sentencing.
[1] A defendant may waive the requirement of a presentence investigation report by entering into a plea bargain that contemplates a habitual offender sentence.
[2] A defendant's knowing and voluntary agreement to a habitual offender sentence, as evidenced by a signed plea form, can constitute a waiver of the statutory requirement fo…
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Join FLexlaw to unlock all legal intelligence“Because the appellant bargained for a habitual offender sentence and signed the plea form which clearly contemplated a habitualized sentence, one which he does not contest he qualifies for, he effectively waived the requirement of the presentence investigation report.”
The core holding establishing that a plea bargain for a specific sentence type can waive procedural requirements normally mandated by statute.
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Join FLexlaw to unlock all legal intelligenceBarton entered a plea bargain agreeing to a twelve-year sentence as a habitual offender to resolve three cases involving robbery, attempted burglary, …
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MOORE, CECELIA, M., Associate Judge.
Kenneth E. Barton entered into a plea bargain for a sentence of twelve years’ incarceration as a habitual offender to dispose of three cases encompassing charges of robbery, attempted burglary, and grand theft. The plea form he signed stated that he would receive a sentence of twelve years as a habitual offender. The trial court sentenced him in accord with the plea bargain. He now appeals, contending that he was sentenced as a habitual offender in error because the trial court did not have the benefit of a presen-tence investigation report prior to imposing the habitual offender sentence.
The record shows that the trial court did not have a presentence investigation report as required by section 775.0849(3)(a)l, Florida Statutes (1995), before sentencing the appellant. Based on this and on Burns v. State, 682 So. 2d 675 (Fla. 4th DCA 1996), and Bardwell v. State, 617 So. 2d 431 (Fla. 4th DCA 1993), the State concedes the error. We find the State too quick to concede based on the particular facts of this case. Because the appellant bargained for a habitual offender sentence and signed the plea form which clearly contemplated a habitualized sentence, one which he doés not contest he qualifies for, he effectively waived the requirement of the presentence investigation report. See Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991) (record shows plea was discussed with defendant; trial court stated it considered plea as waiver of PSI; defense counsel discussed trial court’s interpretation with defendant; defendant waived procedural requirement and agreed to be sentenced as habitual offender). Both Bums and Bardwell are distinguishable because there is no mention of a plea bargain showing either defendant in those cases expected to receive a habitual offender sentence.
We affirm.
PATTERSON, A.C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly v. State, 727 So. 2d 1084 (Fla. 2d DCA 1999)…at this was error. Section 775.084(3)(a), Florida Statutes (1991), states that the trial court shall obtain and consider a presentenc-ing investigation prior to the imposition of a sentence as a habitual violent felony offender. See Barton v. State, 706 So. 2d 399 (Fla. 2d DCA 1998). The duty to obtain and consider a presentence investigation obviously includes the obligation to consider a challenge to the accuracy of the report. We reverse the habitual violent felony offender sentence and remand for resente…
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Gilano v. State, 724 So. 2d 1226 (Fla. 2d DCA 1999)…could continue to receive treatment while incarcerated. The trial judge agreed, appellant pleaded guilty, and appellant was sentenced accordingly. Under these circumstances, we conclude that appellant waived his right to a PSI. See Barton v. State, 706 So. 2d 399 (Fla. 2d DCA 1998). Affirmed; remanded with directions. THREADGILL and GREEN, JJ., Concur.…
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Carroll v. State, 761 So. 2d 1233 (Fla. 5th DCA 2000)…[*1234] PER CURIAM. AFFIRMED. See Barton v. State, 706 So. 2d 399 (Fla. 2d DCA 1998). DAUKSCH, COBB and W. SHARP, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991)
- Bardwell v. State, 617 So. 2d 431 (Fla. 4th DCA 1993)
- Zito v. State, 682 So. 2d 675 (Fla. 4th DCA 1996)