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Carbone v. State

District Court of Appeal of Florida, Fourth District
Mar 24, 1993
615 So. 2d 282 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-0924.

March 24, 1993.

Appeal from the Circuit Court for Palm Beach County; Marvin U. Mounts, Jr., Judge.

Charles W. Musgrove, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


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. State, 566 So.2d 356 (Fla. 4th DCA 1990).

ANSTEAD, POLEN and FARMER, JJ., concur.


Summaries of

Carbone v. State

District Court of Appeal of Florida, Fourth District
Mar 24, 1993
615 So. 2d 282 (Fla. Dist. Ct. App. 1993)
Case details for

Carbone v. State

Case Details

Full title:JOSEPH CARBONE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 24, 1993

Citations

615 So. 2d 282 (Fla. Dist. Ct. App. 1993)

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