State v. McMahonAnnotate this Case
Defendant was charged with possession of cocaine, possession of drug paraphernalia, and grand theft. Defendant entered a guilty plea and was sentenced to 18 months' imprisonment, which was the minimum sentence indicated on the Criminal Punishment Code sentencing scoresheet. At issue was whether the State was authorized under section 924.07, Florida Statutes, to appeal a sentence that was otherwise legal on the ground that the trial court improperly initiated a plea dialogue with a defendant without invitation of either party. The court held that the procedural error in disregarding the mandates of the habitual felony offender statute did not render defendant's sentence illegal or otherwise appealable by the State under section 924.07. For this reason, and because the court also concluded that the State was not authorized to appeal the sentence on the ground that the trial court improperly initiated a plea dialogue in this case, the court approved the result reached by the Fourth District.