Florida District Courts of Appeal, 2003

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided October 8, 2003 · Cope, Gersten, Ramirez
866 So. 2d 74; 2003 Fla. App. LEXIS 15064; 2003 WL 22299081 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

Affirmed.

GERSTEN and RAMIREZ, JJ., concur.

Concurring Opinion

COPE, J.

(concurring).

I concur in the affirmance of the denial of postconviction relief. First, assuming for purposes of discussion that there is no procedural bar to the postconviction motion, defendant-appellant Thomas entered into a plea bargain with respect to his 1986 convictions which included the offenses to which he pled and the specific sentences to be imposed. This waived any double jeopardy objection. See Novaton v. State, 634 So.2d 607 (Fla. 1994). The decision on which the defendant relies, Hall v. State, 826 So.2d 268 (Fla. 2002), did not overturn Novaton.

Second, assuming for purposes of discussion that the rule in Hall could be applied to the defendant’s case, the offenses to be scored as prior record would be the second degree felonies of dealing in stolen property — and the revised scoresheet would not change the defendant’s recommended guidelines range.

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