Smith v. State

I respectfully dissent. This case is more like Grasso v. State, 639 So.2d 152 (Fla. 5th DCA 1994) than like Thompson v. State. In Thompson, the court found there to be a defect in Judge Watson’s plea agreement form in that it failed to adequately inform the defendant of the consequences of his plea as required by Ashley v. State.

Ashley requires that the defendant must be made aware prior to his plea that either the State intends to seek habitual offender treatment or that the court intends on its own to consider habitual offender treatment at sentencing. The previously quoted provision in the…