DONTE POLITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOANOS, Chief Judge.
Appellant has urged that he entered a negotiated plea of nolo contendere to a charge of grand theft, with the understanding that he would receive a five-year sentence. He appeals the imposition of an eight-year sentence as an habitual felony offender, alleging the trial court erred in imposing a sentence greater than the five-year sentence appellant understood he would receive, without affording appellant an opportunity to withdraw the plea. We affirm, without prejudice to appellant’s right to file a motion to withdraw his plea. See Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990).
ALLEN, J., and WENTWORTH, Senior Judge, concur.
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State v. Mac Dale Evans, 620 So. 2d 802 (Fla. 2d DCA 1993)…NK, C.J., and FARNELL, CROCKETT, Associate Judge, concur. . Nothing in this record establishes that this informant was of the varieties sometimes referred to as the "unquestionably honest citizen” or the "victim-witness.’ See, e.g., Roper v. State, 588 So. 2d 330 (Fla. 5th DCA 1991); 1 Wayne LaFave, Search and Seizure § 3.4 (2d ed. 1987).…
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Dial v. State, 798 So. 2d 880 (Fla. 4th DCA 2001)…[*883] izen informant,” entitled to a presumption of credibility. Thus, the information she supplied to the police needed to be independently corroborated to support probable cause. See Gates, 462 U.S. at 233-34, 103 S.Ct. 2317. In Roper v. State, 588 So. 2d 330 (Fla. 5th DCA 1991), cited by appellant, the probable cause affidavit underlying the search warrant was based on statements made to the police by the defendant’s girlfriend. The girlfriend had just ended her relationship with the defendant. She went…
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Silva v. State, 641 So. 2d 482 (Fla. 5th DCA 1994)…observations of the confidential identified informant. These facts also helped establish his credibility. See Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); State v. Evans, 620 So. 2d 802 (Fla. 2d DCA 1993); Roper v. State, 588 So. 2d 330 (Fla. 5th DCA 1991). The totality of the circumstances, including the statements of the confidential informant and the investigator’s own observations, established probable cause for the search to seize the drugs. Gates, 462 U.S. at 238, 103 S.Ct. a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA 1990)
- Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990)