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538 So. 2d 523

538 So.2d 523

14 Fla.L.Weekly 457

Brown v. State

District Court of Appeal of Florida

Decided February 14, 1989

District Court of Appeal of Florida · decided 1989-02-14

Relies on 527 So. 2d 1380 - Florida Bar v. Mullins · 529 So. 2d 1106 - Smith v. State · 508 So. 2d 5 - Holland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-14

How this case has been cited

Cited by 7 later decisions — most recently December 2002

7 state decisions

50198919902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This is an appeal by the defendant Kimberly Brown from (a) an order revoking the defendant’s probation, and (b) a sentence of five years imprisonment imposed thereafter. The sole point on appeal is that the five-year sentence was in error because it was based on the defendant’s thirteen misdemeanor convictions for which, it was alleged, the defendant was not represented by counsel; it is urged that if the sentencing guidelines score for these convictions were eliminated, the maximum sentence the defendant could receive under the sentencing guidelines was four and a half-years imprisonment.

¶2We reject this contention and affirm for two reasons. First, the defendant agreed to the aforesaid five-year sentence as part of a valid plea bargain and cannot now complain about the sentence on appeal; it is, of course, conceded that the sentence imposed was below the statutory maximum set for the crimes on which the defendant stands convicted. Smith v. State, 529 So.2d 1106, 1107 (Fla.1988); Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Holland v. State, 508 So.2d 5, 6 (Fla.1987). Second, no evidentiary showing was made below that the defendant had no counsel for the above-mentioned thirteen misdemeanor convictions; defense counsel merely claimed this to be the case during his argument to the court below. Such assertions cannot take the place of proper documentary or testimonial evidence. Price v. State, 519 So.2d 76, 78 (Fla. 2d DCA 1988); Croft v. State, 513 So.2d 759, 761 (Fla. 2d DCA 1987).

¶3AFFIRMED.

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