LIONEL D. BOWDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-09-29
No. 5D06-2491
GRIFFIN, SAWAYA and MONACO, JJ., concur.
937 So. 2d 1253 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 17 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because an issue regarding a sentence that purportedly exceeds the terms of a plea is not a sentencing error that is subject to relief under rule 3.800(a), Florida Rules of Criminal Procedure, we affirm. Cf. Barber v. State, 901 So. 2d 364 (Fla. 5th DCA 2005).

AFFIRMED.

GRIFFIN, SAWAYA and MONACO, JJ., concur.


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  • Gabby Tennis v. State, 997 So. 2d 375 (Fla. 2008)
    …and our rule 3.111(d) require a reversal when there is not a proper Faretta inquiry.”); Rodriguez v. State, 982 So. 2d 1272, 1274 (Fla. 3d DCA 2008) (holding that court’s failure to conduct Faretta hearing was reversible error); Goldsmith v. State, 937 So. 2d 1253, 1256-57 (Fla. 2d DCA 2006) (holding that the denial of the right of self-representation is not amenable to harmless error analysis). The State alternatively argues that the trial court acted properly in denying Tennis’s pro se request because the…
  • Laramee v. State, 90 So. 3d 341 (Fla. 5th DCA 2012)
    …r rule 3.111(d) require a reversal when there is not a proper Faretta inquiry.”); Rodriguez v. State, 982 So. 2d 1272, 1274 (Fla. 3d DCA 2008) (holding that court's failure to conduct Faretta hearing was reversible error); [*345] Goldsmith v. State, 937 So. 2d 1253, 1256-57 (Fla. 2d DCA 2006) (holding that denial of right of self-representation is not amenable to harmless error analysis). . We recognize that it is error for a trial court to permit a witness who is expected to invoke the Fifth Amendment to be…
  • Flournoy v. State, 47 So. 3d 403 (Fla. 2d DCA 2010)
    …e trial court’s failure to hold a Faretta hearing resulted in per se reversible error, and our review is not amenable to a harmless error analysis. See Tennis, 997 So. 2d at 379; State v. Young, 626 So. 2d 655, 656-57 (Fla.1993); Goldsmith v. State, 937 So. 2d 1253, 1257 (Fla. 2d DCA 2006). Accordingly, because the trial court failed to conduct any Faret-ta inquiry and because we are constrained by the language in Tennis, Young, and Goldsmith, we reverse Flournoy’s judgment and sentences and remand for further…

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