Legal Opinion

Carbone v. State

District Court of Appeal of Florida

Decided March 24, 1993No. 92-0924PublishedCited by 2 opinions

1Per 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.…

2Cases cited2 opinions

  1. State v. RuckerSupreme Court of Florida · 1993
  2. Ross v. StateDistrict Court of Appeal of Florida · 1990

3Cited by2 opinions

  1. Herrington v. StateDistrict Court of Appeal of Florida · 1993
  2. Barther v. StateDistrict Court of Appeal of Florida · 1996

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