DAVID LOVETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-02-05
No. 2D02-3296
DAVIS and COVINGTON, JJ., Concur.
836 So. 2d 1081 Florida District Court of Appeal, Second District (2003)

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.


Holding

The court held that a defendant must be informed of the consequences of habitualization when sentenced as a habitual felony offender.


Facts & Procedural History

David Lovette appealed the summary denial of his motion for post-conviction relief, claiming he did not receive written notice of intent to habitualiz…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
STRINGER, Judge.

[*1082] STRINGER, Judge.

David Lovette appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 in which he asserted several grounds for relief. We reverse and remand as to one claim. We affirm as to the remaining claims without comment.

Lovette was sentenced as a habitual felony offender to fifteen years in prison with five years suspended to be served as probation. He claims that he did not receive written notice of the intent to habitualize him. He further asserts that the trial court failed to ascertain that he was personally aware of the maximum habitual offender sentence he could receive and the consequences of habitualization. Lovette asserts that if he had been given the information, he would not have entered the plea, but would have proceeded to trial.

In Ashley v. State, 614 So. 2d 486, 490 (Fla.1993), the Florida Supreme Court held that when a defendant is sentenced as a habitual felony offender, he must be told about the consequences of habitualization. Lovette’s claim is therefore facially sufficient. See Newsome v. State, 704 So. 2d 213, 214 (Fla. 2d DCA 1998) (holding that defendant must allege that he would not have entered the plea had he been aware of the reasonable consequences of habitu-alization).

Since the trial court’s order merely denies relief without any attachments to refute these allegations, we reverse and remand for further proceedings as to this claim. If the trial court again summarily denies the motion, it must attach those portions of the record that refute the allegations. If the allegations cannot be conclusively refuted by the record, an evidentiary hearing may be conducted.

Affirmed in part, reversed in part, and remanded.

DAVIS and COVINGTON, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw