ARTURO ORTIZ SOTO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's postconviction relief and habeas petitions were denied because his acceptance of a negotiated plea agreement waived non-jurisdictional issues he sought to raise.
A defendant who accepts a negotiated plea agreement waives non-jurisdictional defects and issues that were not timely raised.
[1] A defendant waives non-jurisdictional defects and issues by accepting a negotiated plea agreement, including defects in charging documents and double jeopardy claims.
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Join FLexlaw to unlock all legal intelligenceSoto accepted the State's plea offer to resolve four pending cases, including case F08-24995, and subsequently filed postconviction motions and habeas…
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Arturo Ortiz Soto appeals from the trial court’s denial of his petition for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800, as well as denial of his petition for habeas relief. We affirm as to both.
Soto accepted the State’s plea offer to resolve four cases which were pending against him, one of which was this case, F08-24995. In accepting a negotiated plea, Soto effectively waived the non-jurisdictional issues he raised in prior postconviction motions and which he raises again here. See Haselden v. State, 386 So.2d 624, 624 (Fla. 4th DCA 1980) (holding the failure to timely raise a defect in an information constitutes a waiver of the defect unless the information wholly fails to charge a crime); Tracey v. State, 130 So.2d 605 (Fla. 1961) (holding failure to allege an essential element of an offense does not alone render the charge void as wholly failing to state a crime, and failure to timely object to this defect constitutes waiver). See also Novaton v. State, 634 So.2d 607 (Fla. 1994) (holding a defendant waives any double jeopardy claim that affects his conviction or sentence by entering into a negotiated plea agreement wherein the defendant agrees to each crime and sentence); Zaetler v. State, 616 So.2d 461 (Fla. 3d DCA), rev. denied, 626 So.2d 210 (Fla. 1993) (voluntary guilty plea plus agreement on sentence waived any double jeopardy objection as to convictions and sentences). As such, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Tracey v. State, 130 So. 2d 605 (Fla. 1961)
- Lemar Haselden v. State, 386 So. 2d 624 (Fla. 4th DCA 1980)
- Zaetler v. State, 616 So. 2d 461 (Fla. 3d DCA 1993)