LERANDROS SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Affirmed. See State v. Blackwell, 661 So.2d 282, 284 (Fla.1995) (quoting Ashley *841 v. State, 614 So.2d 486, 490 (Fla.1993)) (“[I]n order for a defendant to be habitual-ized following a guilty or nolo plea, the following must take place prior to acceptance of the plea: 1) The defendant must be given written notice of intent to habitu-alize, and 2) the court must confirm that the defendant is personally aware of the possibility and reasonable consequences of habitualization.”). As to the constitutionality of section 893.13, Florida Statutes, see Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011).
WARNER, POLEN and LEVINE, JJ„ concur.
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Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012)…fense of attempted second-degree murder), rev. granted, 64 So. 3d 1262 (Fla.2011). Because the Williams case is under review in the Florida Supreme Court, we certify conflict with the contrary decisions of the other districts. See Coriolan v. State, 77 So. 3d 840, 840 (Fla. 4th DCA 2012) (rejecting argument that trial court committed fundamental error in giving the standard jury instruction on attempted manslaughter, but certifying conflict with other district courts). Without further discussion, we reject…
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Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014)…PER CURIAM. The defendant appealed from a conviction and sentence for attempted second degree murder with a firearm as a lesser included offense of attempted first degree murder with a firearm. This court affirmed. Coriolan v. State, 77 So. 3d 840, 840 (Fla. 4th DCA 2012). Our affirmance was based on our opinion in Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010) (“Williams I ”). Williams I held that the giving of the standard jury instruction on attempted voluntary manslaughter was not fu…
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Lerandros L. Smith v. State, 126 So. 3d 397 (Fla. 4th DCA 2013)…se, after he signed the plea paperwork, the state served its notice of intent; and (2) the state’s notice of intent was untimely because, after he signed the plea paperwork, the state served its notice of intent. This court affirmed. Smith v. State, 77 So. 3d 840 (Fla. 4th DCA 2012), rev. denied, 104 So. 3d 1087 (Fla.2012). The defendant then filed the present rule 3.850 motion. The defendant’s motion raised four claims: (1) his plea was involuntary because, after he signed the plea paperwork, the state ser…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
- Ashley v. State, 614 So. 2d 486 (Fla. 1993)
- State v. Blackwell, 661 So. 2d 282 (Fla. 1995)