Simmons v. State

Appellant has appealed a habitual violent felony offender sentence imposed for aggravated battery following his plea of nolo con-tendere. He alleges that contrary to the requirements of Ashley v. State, 614 So.2d 486, 490 n. 8 (Fla.1993), he was not advised of the possible imposition of a 10 year minimum mandatory sentence at the plea colloquy before acceptance of his plea, and therefore his sentence should be reversed. Appellant is challenging the voluntary or intelligent character of his plea without having presented this issue to the trial court. The issue that Simmons asks this court to…