TAVARUS LIGHTSEY
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2022-11-10
No. 20-0376
Florida District Court of Appeal, Third District (2022)

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Holding

Trial courts have discretion to accept or reject plea offers, and even where trial counsel's misadvice results in a defendant's rejection of a favorable plea, the State is not required to reoffer its original plea on remand.


Headnotes

[1] A juvenile who commits a substantive violation of probation as an adult is not entitled to be sentenced under Florida's juvenile sentencing scheme.

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Facts & Procedural History

Tavarus Lightsey appealed from a judgment entered in Miami-Dade County Circuit Court, having been charged in three separate cases involving probation …

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Opinion of the Court

PER CURIAM.

Affirmed. See Alcorn v. State, 121 So. 3d 419, 430 (Fla. 2013) ("In Florida, trial courts and prosecutors have [the] discretion [to accept or reject a plea]."); Odegaard v. State, 137 So. 3d 505, 508 (Fla. 2d DCA 2014) ("Even where trial counsel's misadvice results in a defendant's rejection of a favorable plea offer, the State is not required to reoffer its original plea on remand."); Vennisee v. State, 235 So. 3d 947 (Fla. 3d DCA 2017) (citing Davis v. State, 223 So. 3d 1106 (Fla. 5th DCA 2017, for the proposition that a juvenile who commits a substantive violation of probation as an adult is not entitled to be sentenced under Florida's juvenile sentencing scheme); Woods v. State, 314 So. 3d 683 (Fla. 3d DCA 2021), review denied, SC21- 269, 2021 WL 2434584 (Fla. June 15, 2021); Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).

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