591 SO2D 310 - Greenlee v. State

How this case has been cited

Cited by 15 later decisions — most recently November 2018

15 state decisions

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.

¶1James Marion Moorman, Public Defender, and Wendy Friedberg, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard Fechter, Asst. Atty. Gen., Miami, for appellee.

¶3PER CURIAM.

¶4Defendant appeals her sentences imposed pursuant to the habitual felony offender statute, § 775.084, Fla. Stat. (1989), contending that the trial court erred in failing to follow the procedural requirements of section 775.084(1). We affirm.

¶5Defendant pleaded no contest to three counts of battery on a law enforcement officer with the understanding that she would receive three concurrent ten-year habitual felony offender sentences. At the plea hearing, she specifically stipulated that she would meet the criteria for a habitual felony offender. The record reveals that the plea and stipulation were knowingly and voluntarily made.

¶6In Jefferson v. State,571 So.2d 70, 71 (Fla. 1st DCA 1990), the first district held that a defendant may waive the procedural requirements of section 775.084(3). In Jefferson, as in the present case, the defendant had knowingly and voluntarily stipulated that he qualified as a habitual felony offender and agreed to be sentenced as *311 such. We follow the first district's analysis and affirm defendant's sentences.

¶7LEHAN, A.C.J., and HALL and PATTERSON, JJ., concur.