Jauregui v. State, 94-1776
| Decision Date | 22 March 1995 |
| Docket Number | No. 94-1776,94-1776 |
| Parties | 20 Fla. L. Weekly D717 Christian JAUREGUI, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Christian Jauregui, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
Appellant filed a petition for writ of certiorari in the circuit court which was denied. Appellant sought review of that denial in this court. This court ordered that the petition be treated as an appeal from a denial of collateral proceeding pursuant to Florida Rules of Criminal Procedure 3.850. We affirm.
Appellant was charged with first degree murder and pursuant to a plea bargain plead guilty to second degree murder with a weapon and armed robbery. Appellant's plea bargain allowed for a sentence range of thirty to fifty years. The trial court imposed a forty year sentence with no minimum mandatory term on the murder count and a ten year sentence on the armed robbery count. Appellant now protests that his trial counsel was ineffective and that his sentence is excessive because it does not fall within the recommended sentencing guideline range.
A guilty plea cuts off inquiry into all issues arising prior to the plea with the exception of issues expressly preserved for appellate review, and issues regarding jurisdiction, legality of the sentence imposed, failure of the state to abide by the plea agreement and the voluntary and intelligent nature of the plea. Stano v. State, 520 So.2d 278 (Fla.1988); Elledge v. State, 432 So.2d 35 (Fla.1983); Robinson v. State, 373 So.2d 898 (Fla.1979).
Appellant's sentence is a legal sentence. Appellant plead guilty to a life felony, which, pursuant to Sec. 782.04, Florida Statutes, was punishable by a term of years not exceeding forty years or life imprisonment. Appellant also plead guilty to armed robbery pursuant to Sec. 812.13, Florida Statutes, which is a first degree felony punishable by a term of years not exceeding thirty years or life imprisonment. Appellant's forty year term and ten year term of imprisonment are within the limits proscribed both by law and the plea bargain. 1 That appellant's sentence may exceed the recommended guideline sentence is of no consequence since the plea bargain is in itself a valid reason for imposing a departure sentence. Smith v. State, 530 So.2d 304 (Fla.1988).
We interpret appellant's allegations of ineffective assistance of ...
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...pursuant to a plea cannot raise issues in a 3.850 motion, which were known to him prior to the plea. Id. See also Jauregui v. State, 652 So. 2d 898 (Fla. 3d DCA 1995) (finding that a plea cuts off inquiry into all issues, except for those expressly preserved for appeal, and issues regarding......
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Morales v. Fla. Attorney Gen. & Sec'y, Case No: 2:14-cv-215-FtM-29CM
...the plea. Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990); Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987); Jauregui v. State, 652 So. 2d 898 (Fla. 3d DCA 1995). Defendant is bound by the statements he made under oath, and is not entitled to have his plea set aside by subsequently......
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Ortiz v. Sec'y, Case No: 2:14-cv-251-FtM-38CM
...pursuant to a plea cannot raise issues in a 3.850 motion, which were known to him prior to the plea. Id.See alsoJauregui v. State, 652 So. 2d 898 (Fla. 3d DCA 1995) (finding that a plea cuts off inquiry into all issues, except for those expressly preservedfor appeal, and issues regarding ju......
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Skidmore v. State, 96-2343
...State, 590 So.2d 1001 (Fla. 1st DCA 1991). This is because a plea bargain is a valid reason for a departure sentence. Jauregui v. State, 652 So.2d 898 (Fla. 3d DCA 1995). The sentence of thirty years in this case does not exceed the statutory maximum for the first degree felonies to which t......