MARVIN T. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARVIN T. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
766 So. 2d 403
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Jones appeals from the trial court’s summary denial of his motion for relief filed pursuant to Florida Rule of Criminal procedure 3.800(a). On appeal, Jones claims his plea was involuntary since he bargained for a downward departure sentence and did not receive one. We affirm, but without prejudice to Jones to file a sworn motion pursuant to Florida Rule of Criminal Procedure 3.850, in which he alleges grounds for relief pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). See Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000).
AFFIRMED.
THOMPSON, C.J., W. SHARP, and PETERSON, JJ., concur.
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Franke v. State, 997 So. 2d 424 (Fla. 2d DCA 2008)…Indeed, the trial court could not have reclassified the offenses because the use of a firearm is an essential element of each of them. See § 775.087(1); State v. Tripp, 642 So. 2d 728, 730 n. 2 (Fla.1994) (attempted armed robbery); Harris v. State, 766 So. 2d 403, 404 (Fla. 2d DCA 2000) (armed burglary). Rather, the sentences were imposed based on the statutory definitions of each offense as a first-degree felony punishable by life, §§ 812.13(2)(a), § 810.02(b), which is distinct from a life felony, see Jame…
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Jackson v. State, 175 So. 3d 368 (Fla. 3d DCA 2015)…inimum mandatory portions of the sentences could not be. “stacked.” See Palmer v. State, 438 So. 2d 1, 3 (Fla.1983) (prohibiting the stacking of minimum mandatory sentences). For these reasons, we affirm the order on appeal. . See Harris v. State, 766 So. 2d 403, 404 (Fla. 2d DCA 2000) (holding that the defendant’s sentence for armed burglary in violation of section 810.02(2)(b) was improperly enhanced pursuant to section 775.087 because the "use of a weapon or a firearm is an essential element of armed bur…
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Lowe v. State, 884 So. 2d 189 (Fla. 2d DCA 2004)…PER CURIAM. Affirmed. See Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001); Harris v. State, 766 So. 2d 403 (Fla. 2d DCA 2000). WHATLEY and CANADY, JJ., Concur. CASANUEVA, J., Concurs with opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Miller v. Miller, 767 So. 2d 532 (Fla. 5th DCA 2000)
- Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)