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Caples v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 2001
790 So. 2d 1143 (Fla. Dist. Ct. App. 2001)

Summary

In Caples I, this court took pains to make clear that a motion to withdraw plea was a possible available remedy, not a certain remedy.

Summary of this case from Caples v. State

Opinion

CASE NO. 5D01-679

Opinion filed July 6, 2001 Rehearing Denied August 14, 2001

3.800 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge.

Gary Caples, Bristol, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, and Angela D. McCravy, Assistant Attorney Generals, Daytona Beach, for Appellee.


Caples was charged, along with other felonies, with the offense of felony Driving While License Suspended. Faced with a threat of a habitual violent felony offender classification and a possible 30-year sentence, Caples elected to enter a negotiated plea under which he received five year sentences on all charges except a robbery charge which netted him eight years. Caples did not appeal. However, after Huss v. State, 771 So.2d 591 (Fla. 1st DCA 2000), which held that convictions for DWLSR occurring before the statutory revision of section 322.34, Fla. Stat., could not be treated as prior convictions for the purpose of reclassifying misdemeanor DWLSR to a felony, Caples, because his prior convictions occurred before that date, filed a Heggs-like motion for resentencing. His means of relief, if indeed he is entitled to relief, is by withdrawing his plea and not by receiving the benefit of a negotiated plea sweetened by an additional reduction of sentence based on Huss. We affirm the court's denial of Caples' motion to correct illegal sentence but without prejudice to request a withdrawal of his plea.

AFFIRMED.

THOMPSON, C.J., and SHARP, W., J., concur.


Summaries of

Caples v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 2001
790 So. 2d 1143 (Fla. Dist. Ct. App. 2001)

In Caples I, this court took pains to make clear that a motion to withdraw plea was a possible available remedy, not a certain remedy.

Summary of this case from Caples v. State

In Caples v. State, 790 So.2d 1143 (Fla. 5th DCA 2001) [" Caples I"], this court affirmed the trial court's denial of that motion.

Summary of this case from Caples v. State

In Caples v. State, 790 So.2d 1143 (Fla. 5th DCA 2001), this court reviewed an order denying a 3.800(a) motion to correct sentence, which was based on the holding in Huss.

Summary of this case from Martin v. State
Case details for

Caples v. State

Case Details

Full title:GARY CAPLES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 6, 2001

Citations

790 So. 2d 1143 (Fla. Dist. Ct. App. 2001)

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Oxendine v. State

Appellant's remedy would have been a timely 3.850 motion alleging involuntary plea based on ineffective…

Martin v. State

We do not need to reach that issue in this case. In Caples v. State, 790 So.2d 1143 (Fla. 5th DCA 2001), this…