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Neal v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 124 (Fla. Dist. Ct. App. 1997)

Opinion

Case Nos. 96-2666; 96-2667; 96-2668; 96-2669

Opinion filed May 12, 1997.

An appeal from the Circuit Court for Alachua County. Elzie S. Sanders, Judge.

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.


In these direct criminal appeals (which have been consolidated), appellant argues that he is entitled to have habitual felony offender sentences vacated, and to be resentenced pursuant to the guidelines, because a written notice of intent to seek habitual felony offender treatment had not been filed before he entered his pleas. We find this argument somewhat disingenuous considering that it is clear from the record that appellant understood, before he tendered his pleas, that the state intended to seek — and that he might well receive — habitual offender sentences. However, we do not reach the merits of appellant's argument because he failed to preserve the issue by seeking leave in the trial court to withdraw his pleas. Appellant's sentences are affirmed. Heatley v. State, 636 So.2d 153 (Fla. 1st DCA 1994).

AFFIRMED.

WEBSTER, MICKLE and PADOVANO, JJ., CONCUR.


Summaries of

Neal v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 124 (Fla. Dist. Ct. App. 1997)
Case details for

Neal v. State

Case Details

Full title:GEORGE NEAL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1997

Citations

693 So. 2d 124 (Fla. Dist. Ct. App. 1997)