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Smith v. State

District Court of Appeal of Florida, First District
Mar 2, 1993
613 So. 2d 617 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-2431.

March 2, 1993.

An Appeal from the Circuit Court for Escambia County; Joseph Q. Tarbuck, Judge.

Nancy A. Daniels, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant's conviction is affirmed because it appears that appellant was aware of the risks involved in rejecting the plea offer prior to the prosecutor withdrawing that offer. See Bordenkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978). Appellant's habitual violent felony offender sentence is affirmed under the authority of Ross v. State, 601 So.2d 1190 (Fla. 1992); Tillman v. State, 609 So.2d 1295 (Fla. 1992); Becker v. State, 612 So.2d 559 (Fla. 1992); Reeves v. State, 612 So.2d 560 (Fla. 1992).

AFFIRMED.

ERVIN, SMITH and BARFIELD, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Mar 2, 1993
613 So. 2d 617 (Fla. Dist. Ct. App. 1993)
Case details for

Smith v. State

Case Details

Full title:ANDRE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 2, 1993

Citations

613 So. 2d 617 (Fla. Dist. Ct. App. 1993)