JORGE LUIS CARDENAS-BETANCOURT
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-10-22
No. 2026-1799
Lindsey, J., Miller, J., Rebull, J., Stuzin, J.
2026 FL 14220 Florida District Court of Appeal, Third District (2026)

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Holding

Any defect in the charging information is cured by a defendant's plea to the charge and waiver of procedural objections.


Headnotes

[1] Any defect in charging information is cured by a defendant's plea to the charge.

[2] A defendant's waiver of procedural and due process objections made on the record as part of a plea is valid.

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Facts & Procedural History

Jorge Luis Cardenas-Betancourt appealed his conviction from Miami-Dade County Circuit Court, challenging the charging information.…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed October 22, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D26-1799

Lower Tribunal No. F25-2598A

Jorge Luis Cardenas-Betancourt,

Appellant,

vs.

State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from

the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.

Martin Beguiristain, for appellant.

James Uthmeier, Attorney General, and Ryan David Brazner,

Assistant Attorney General, for appellee.

Before LINDSEY, MILLER, and REBULL, JJ.

PER CURIAM.

Affirmed. See Bradley v. State, 3 So. 3d 1168, 1170 (Fla. 2009) (any

defect in the charging information is cured by plea to the charge); Lemos v.

State, 431 So. 3d 599, 605 (Fla. 5th DCA 2026) (affirming waiver of

procedural and due process objections where defense counsel did so on the

record as part of the plea); State v. Anderson, 537 So. 2d 1373 (Fla. 1989)

(affirming oral amendment of information to which defendant agreed).

2


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