Jones v. State, 89-1489
| Citation | 16 Fla. L. Weekly 182,573 So.2d 165 |
| Decision Date | 16 January 1991 |
| Docket Number | No. 89-1489,89-1489 |
| Parties | 16 Fla. L. Weekly 182 Ronald JONES, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant, Ronald Jones, was charged by information with the crime of grand theft, committed on July 29, 1988. On September 16, 1988, the state filed a "Notice of Intent to Seek Enhanced Penalty Pursuant to Florida's Habitual Felony Offender Statute."
On January 31, 1989, appellant executed a form entitled "Acknowledgement and Waiver of Rights." In this document, the appellant waived his right to a jury trial by pleading guilty. The document reflects that the maximum penalty for the offense, grand theft, is five years. The document also set forth the proposed disposition of the instant cause upon a plea of guilty as "10 years FSP" to be mitigated to two and one-half years FSP when appellant appeared for sentencing. The document was signed by appellant, an assistant public defender, and an assistant state attorney.
At a plea conference, held that same day, January 31st, the trial judge questioned Jones with regard to the Acknowledgment and Waiver of Rights form and found it to be voluntary. The guilty plea was accepted and sentencing scheduled for one week hence, after a week's furlough. The trial judge cautioned Jones that the intended ten-year sentence as an habitual offender would be mitigated at the sentencing only if he showed up at the appointed time.
When Jones failed to appear for the scheduled sentencing, he was rearrested. In due course, Jones's counsel moved to withdraw as counsel and Jones filed a motion to withdraw his guilty plea. The court denied the motion to withdraw the guilty plea after an evidentiary hearing; it found that Jones was fully informed of his rights and appreciated the effects of his plea. Accordingly, the court denied the motion, declared appellant to be an habitual offender, and sentenced him to ten years in prison. An amended guidelines score sheet was filed that reflected the departure from the guidelines recommended range of three and one-half to four and one-half years and noted the basis for the departure as "defendant declared habitual offender." No other written grounds appeared in the record to support the departure.
On appeal, Jones contends the trial court erred in...
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