JAVIER PARSONS
v.
THE STATE OF FLORIDA
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When a defendant signs a written waiver, the waiver will be upheld on appeal.
[1] A written waiver of trial rights signed by a defendant is presumptively valid and will be upheld on appeal unless challenged by clear evidence of invalidity.
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Join FLexlaw to unlock all legal intelligence“When the record contains a written waiver signed by the defendant, the waiver will be upheld.”
Court's statement of applicable law citing State v. Upton and Johnson v. State
Javier Parsons appealed from a circuit court judgment in Miami-Dade County. The record contained a written waiver signed by Parsons.…
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PER CURIAM.
Affirmed. See Peoples v. State, 251 So. 3d 291 (Fla. 1st DCA 2018); State v. Upton, 658 So. 2d 86, 87 (Fla. 1995), approved sub nom. Johnson v. State, 994 So. 2d 960 (Fla. 2008) ("When the record contains a written waiver signed by the defendant, the waiver will be upheld." (citing to Parker v. State, 636 So. 2d 794 (Fla. 1st DCA), review denied, 642 So. 2d 747 (Fla.1994); Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983) (en banc), review denied, 462 So. 2d 1105 (Fla. 1985))).
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Upton, 658 So. 2d 86 (Fla. 1995)…State, 440 So. 2d 1290, 1291 (Fla. 4th DCA 1983), review denied, 450 So. 2d 489 (Fla.1984). When the record contains a written waiver signed by the defendant, the waiver will be upheld. Parker v. State, 636 So. 2d 794 (Fla. 1st DCA), review denied, 642 So. 2d 747 (Fla.1994); Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983) (en banc), review denied, 462 So. 2d 1105 (Fla.1985). While conceding that rule 3.260 “arguably requires” the waiver to be signed by the defendant, the State argues that Upton’s failure…
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Kirk v. State, 663 So. 2d 1373 (Fla. 5th DCA 1995)…ey v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Lamar v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA), rev. den., 648 So. 2d 722 (Fla.1994); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), rev. den., 642 So. 2d 747 (Fla.1994). Section 775.08401 addresses the concerns raised in these cases by requiring the state attorneys to establish uniform guidelines that will prevent selective use of the statute. Section 775.08401 is a discrete provision of the habitual of…
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Torace Jones and Charlie Gasper v. State, 676 So. 2d 26 (Fla. 1st DCA 1996)…, 651 So. 2d 138 (Fla. 3d DCA), review denied, 659 So. 2d 1087 (Fla.1995); McKinley v. State, 650 So. 2d 1052 (Fla. 2d DCA 1995); Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), review denied, 642 So. 2d 747 (Fla.1994). We have found nothing in appellants’ arguments to persuade us to recede from this requirement. Accordingly, appellants’ sentences are affirmed. AFFIRMED. WEBSTER, MICKLE and LAWRENCE, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Upton, 658 So. 2d 86 (Fla. 1995)
- Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983)
- Dumas v. State, 462 So. 2d 1105 (Fla. 1985)
- Johnson v. State, 994 So. 2d 960 (Fla. 2008)
- Parker v. State, 636 So. 2d 794 (Fla. 1st DCA 1994)
- Peoples v. State, 251 So. 3d 291 (Fla. 1st DCA 2018)