Legal Opinion

State v. McMahon

District Court of Appeal of Florida

Decided November 10, 2010No. 4D09-1965PublishedCited by 3 opinions

1Opinion of the Court

BLANC, PETER D., Associate Judge.

The state appeals a sentencing order imposing a legal sentence and argues that the trial court improperly initiated plea negotiations with the defendant, John McMahon, and also refused to conduct a hearing on the defendant’s habitual felony offender status over the state’s objection. Although the record below supports both claims, we dismiss, finding that a sentencing order imposing a legal sentence is not an order appealable by the state.

The defendant was charged with possession of cocaine, possession of drug paraphernalia, and grand theft. The state filed a…

2Cases cited5 opinions

  1. State v. WarnerSupreme Court of Florida · 2000
  2. State v. HewittDistrict Court of Appeal of Florida · 1997
  3. State v. Chaves-MendezDistrict Court of Appeal of Florida · 2002
  4. State v. FigueroaDistrict Court of Appeal of Florida · 1999
  5. State v. HewittDistrict Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. State v. McMahonSupreme Court of Florida · 2012
  2. Lebron v. StateDistrict Court of Appeal of Florida · 2012
  3. State v. McMahonSupreme Court of Florida · 2012

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