Caples v. State

Caples v. State, 790 So. 2d 1143 (Fla. Dist. Ct. App. 2001)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: July 6, 2001
Docket: No. 5D01-679
Judges: Harris
Citations: 790 So. 2d 11432001 WL 753902

Cited by 5 1 descriptions by later courts

Opinion

790 So.2d 1143 (2001)

Gary CAPLES, Appellant,

STATE of Florida, Appellee.

No. 5D01-679.

District Court of Appeal of Florida, Fifth District.

July 6, 2001. Rehearing Denied August 14, 2001.

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.

HARRIS, J.

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 *1144 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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(defendant filed Heggs-like motion based on change in law; his 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 upon subsequent case law)

Legere v. State, 862 So. 2d 824 (Fla. Dist. Ct. App. 2003)

Cited by 5 cases

View all citing references →

State Appellate Courts5

Relies on it most ⓘ

Martin v. State809 So. 2d 65 (Fla. Dist. Ct. App. 2002)
Caples v. State863 So. 2d 1261 (Fla. Dist. Ct. App. 2004)
Oxendine v. State852 So. 2d 286 (Fla. Dist. Ct. App. 2003)
Bowen v. State833 So. 2d 288 (Fla. Dist. Ct. App. 2002)
Legere v. State862 So. 2d 824 (Fla. Dist. Ct. App. 2003)

Most recent

Caples v. State863 So. 2d 1261 (Fla. Dist. Ct. App. 2004)
Legere v. State862 So. 2d 824 (Fla. Dist. Ct. App. 2003)
Oxendine v. State852 So. 2d 286 (Fla. Dist. Ct. App. 2003)
Bowen v. State833 So. 2d 288 (Fla. Dist. Ct. App. 2002)
Martin v. State809 So. 2d 65 (Fla. Dist. Ct. App. 2002)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Huss v. State, 771 So. 2d 591 (Fla. Dist. Ct. App. 2000)	27

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