JIREH KLEPPINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed burglary conviction but allowed defendant to challenge plea validity under Rule 3.850 because the 1995 sentencing guidelines scoresheet used at sentencing violated Florida's single subject rule.
A defendant may challenge the voluntary and intelligent nature of a guilty plea under Florida Rule of Criminal Procedure 3.850 when the sentencing guidelines scoresheet used at sentencing was based on unconstitutional legislation.
[1] A defendant may challenge the voluntary and intelligent nature of a guilty plea under Florida Rule of Criminal Procedure 3.850 when the sentencing guidelines scoresheet u…
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Join FLexlaw to unlock all legal intelligence“If a defendant claims that he would not have pled guilty or nolo if he had known what his correct scoresheet total had been ... then that is an attack on the voluntary and intelligent character of the plea which is a claim that must be brought by a timely 3.850 motion to withdraw the plea in the trial court.”
Court explaining when a defendant may challenge a guilty plea based on scoresheet issues.
Kleppinger was convicted of burglary of a conveyance and entered a guilty plea using a 1995 sentencing guidelines scoresheet. The Florida Supreme Cour…
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STRINGER, Judge.
Appellant, Jireh Kleppinger, challenges his judgment and sentence for burglary of a conveyance. Kleppinger’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We find no merit to the issues raised by Kleppinger. However, our independent review of the record reveals that Kleppinger entered his plea utilizing a 1995 sentencing guidelines scoresheet. The Supreme Court of Florida has recently ruled that chapter 95-184, Laws of Florida, which enacted the 1995 sentencing guidelines, violates the single subject rule. See Heggs v. State, 759 So. 2d 620 (Fla.2000). Thus, Kleppinger may be entitled to challenge the voluntary and intelligent nature of his plea by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997) (“If a defendant claims that he would not have pled guilty or nolo if he had known what his correct scoresheet total had been ... then that is an attack on the voluntary and intelligent character of the plea which is a claim that must be brought by a timely 3.850 motion to withdraw the plea in the trial court.”). We express no opinion on the merits of any such claim and affirm Kleppinger’s judgment and sentence without prejudice to him filing a rule 3.850 motion.
Affirmed.
CAMPBELL, A.C.J., and PARKER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000)…lculated scoresheet, such sentence is not illegal so long as it does not exceed the statutory maximum. Ivy v. State, 754 So. 2d 776 (Fla. 4th DCA 2000); Gibson v. State, 619 So. 2d 31 (Fla. 4th DCA 1993) and cases cited therein; Kleppinger v. State, 760 So. 2d 1045 (Fla. 2d DCA 2000); Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991);. Because appellant entered a plea of no contest to a negotiat [*745] ed plea bargain specifically providing for an 85 mon…
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Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000)…court on remand to determine from the record whether the plea agreement contemplated the defendant’s receiving a guidelines sentence, and if it did to allow state option of taking defendant to trial or agreeing to resentencing); Kleppinger v. State, 760 So. 2d 1045 (Fla. 2d DCA 2000) (affirming Anders appeal where plea was entered utilizing 1995 sentencing scoresheet, but noting that defendant might be entitled to challenge voluntary and intelligent nature of his plea by filing rule 3.850 motion). Appellant’…
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Daniels v. State, 771 So. 2d 57 (Fla. 2d DCA 2000)…in Heggs. We affirm without prejudice to Daniels to file a timely, facially sufficient motion to withdraw the plea pursuant to Florida Rule of Criminal Procedure 3.850 should there be sufficient grounds for him to do so. See Kleppinger v. State, 760 So. 2d 1045 (Fla. 2d DCA 2000). ALTENBERND, A.C.J., and NORTHCUTT, J., and DANAHY, PAUL W., (Senior) Judge, Concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)