Ortiz Soto v. State

District Court of Appeal of Florida

Ortiz Soto v. State

224 So. 3d 301, 2017 WL 3161058, 2017 Fla. App. LEXIS 10653

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 2017

Docket3D16-1164

StatusPublished

This text of 224 So. 3d 301 (Ortiz Soto 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.

Bluebook

Ortiz Soto v. State, 224 So. 3d 301, 2017 WL 3161058, 2017 Fla. App. LEXIS 10653 (Fla. Ct. App. 2017).

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Opinion

SUAREZ, J.

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.

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SUAREZ, J.

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.

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224 So. 3d 301, 2017 WL 3161058, 2017 Fla. App. LEXIS 10653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-soto-v-state-fladistctapp-2017.

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