Habitual Offender Sentencing Review

Summary

A de novo review is typically expected when a plea is withdrawn. In Florida, an habitual offender sentence can be imposed without a jury trial, and the court may rely on prior findings unless new evidence or legal arguments are presented. Consult a local attorney for precise advice.

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My friend was sentenced as an Habitual Offender back in *. In * he withdrew his plea and was resentenced as an habitual offender but was never reserved enhancement papers. The judge relied on the original habitual hearing to reclassify him as a habitual. Wasn't it supposed to be de novo and everything done all over again
A de novo review tends to be the norm in cases where a plea is withdrawn. However, the specifics can vary. In Florida:
- An Habitual Offender sentence can be imposed without a jury trial.
- The court may rely on prior findings unless new evidence or legal arguments are presented.
Please consult with a local attorney for more precise advice.