Legal Opinion · Dissent

Vargas v. State

District Court of Appeal of Florida

Decided May 11, 2011No. 3D11-381Published

1DissentEmas, J.

I respectfully dissent from the per cu-riam affirmance and write to explain my reasons.

*48 BACKGROUND

In 2008, defendant Jabier Vargas entered a guilty plea (Case No. 08-12484) to burglary of a vehicle and was sentenced to 364 days in the Dade County jail, followed by one year probation. He was later charged with several felonies in three new cases (08-27161, 08-35378, 09-37366), and with a violation of probation in his initial case (08-12484).

On March 18, 2010, Vargas entered a negotiated plea of guilty (and an admission to the violation of probation) and the trial court imposed sentences of ten…

2Cases cited6 opinions

  1. Hill v. LockhartSupreme Court of the United States · 1985
  2. Grosvenor v. StateSupreme Court of Florida · 2004
  3. United States v. WhiteCourt of Appeals for the Fifth Circuit · 2002
  4. Stahl v. StateDistrict Court of Appeal of Florida · 2008
  5. Leach v. StateDistrict Court of Appeal of Florida · 2005

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