Carbone v. State

District Court of Appeal of Florida

Carbone v. State

615 So. 2d 282, 1993 Fla. App. LEXIS 3788, 1993 WL 80617

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1993

DocketNo. 92-0924

StatusPublished

Cited by2 cases

This text of 615 So. 2d 282 (Carbone v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carbone v. State, 615 So. 2d 282, 1993 Fla. App. LEXIS 3788, 1993 WL 80617 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellant challenges the legality of his sentence as an habitual felony offender, following his plea of guilty, because the trial court failed to make the findings mandated by section 775.084(1)(a), Florida Statutes (1991). We find this error to be harmless. See State v. Rucker, 613 So.2d 460 (Fla.1993). We also find we lack jurisdiction to review the suppression issue since the appellant subsequently entered a plea of guilty. Our ruling, however, is without prejudice to the appellant on remand to seek to withdraw his plea since it appears that it may have been entered by mistake. See Ross v. State, 566 So.2d 356 (Fla. 4th DCA 1990).

ANSTEAD, POLEN and FARMER, JJ., concur.

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PER CURIAM.

Appellant challenges the legality of his sentence as an habitual felony offender, following his plea of guilty, because the trial court failed to make the findings mandated by section 775.084(1)(a), Florida Statutes (1991). We find this error to be harmless. See State v. Rucker, 613 So.2d 460 (Fla.1993). We also find we lack jurisdiction to review the suppression issue since the appellant subsequently entered a plea of guilty. Our ruling, however, is without prejudice to the appellant on remand to seek to withdraw his plea since it appears that it may have been entered by mistake. See Ross v. State, 566 So.2d 356 (Fla. 4th DCA 1990).

ANSTEAD, POLEN and FARMER, JJ., concur.

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615 So. 2d 282, 1993 Fla. App. LEXIS 3788, 1993 WL 80617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carbone-v-state-fladistctapp-1993.

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