Betz v. State

Full title: JOHN ROBERT BETZ, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 5, 1998

712 So. 2d 778 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1155

Opinion filed June 5, 1998 JANUARY TERM 1998 Rehearing Denied July 16, 1998.

Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.

John Robert Betz, Mayo, pro se.

No Appearance for Appellee.

W., SHARP, Judge.

We affirm the trial court's summary denial of Betz' motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court properly sentenced Betz to consecutive sentences, which combined together fell within the sentencing guidelines range. See Branam v. State, 554 So.2d 512 (Fla. 1990). Further, Betz' claim that there was no factual basis for this plea with regard to counts four and six¹ is refuted by the attached excerpt of the probable cause affidavit in this case, which reflects Betz confessed to the commission of these offenses after receiving Miranda ² warnings.

1 Grand theft and criminal mischief, respectively. § 812.014 806.13, Fla. Stat. (1995).

2 Miranda v. Arizona, 384 U.S. 436 (1966).

AFFIRMED.

GRIFFIN, CJ., and THOMPSON, J., concur.