5D01-2756 Labadie v. State

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2756

Case Date: 02/10/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

MONTVILLE LABADIE, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed February 14, 2003. Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. Montville Labadie, Sneads, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D01-2756

THOMPSON, C.J. Montville Labadie appeals his conviction and sentence for trafficking in cannabis in excess of 25 pounds after a plea of guilty. He argues on appeal that his conviction violates the requirements of Apprendi v. New Jersey, 530 U.S. 466 (2000), and should be set aside because a jury should have been given the opportunity to determine beyond a reasonable doubt that the cannabis weighed more than 25 pounds. We disagree and affirm.

According to the arrest affidavit, on 15 December 2000, Labadie was arrested after he participated in a drug transaction. Labadie met with undercover state agents. Labadie was presented with a suitcase full of marijuana. After examining the contents of the suitcase and talking about the quality and quantity of the drugs, he purchased 70 pounds of cannabis. Labadie was arrested and charged by information with one count of conspiracy to traffic in cannabis in excess of 25 pounds1 and two counts of trafficking in cannabis in excess of 25 pounds.2 Labadie was appointed counsel, and after negotiating with the state, pleaded guilty to one count of trafficking in cannabis in excess of 25 pounds, with the state agreeing not to prosecute the other two counts. The negotiated sentence was for three years in the Department of Corrections, followed by 15 years probation. On 1 August 2001, Labadie was adjudicated guilty and sentenced. The sentence was a downward departure from the sentencing guidelines and was entered pursuant to the negotiated plea. The state entered a nolle prosequi as to the other two counts. On 17 August 2001, Labadie filed this pro se appeal. The attorney representing Labadie filed in the trial court an eight page plea agreement divided into two parts. In the first part, Labadie admitted that he was counseled by his attorney and discussed the charges and a possible defense. He also stated that by pleading guilty, he waived his right to a jury trial and admitted to all elements of the charges against him. He also stated that the court could impose any sentence that could have been imposed had he gone to trial and been convicted. Further, Labadie stated that the plea was entered freely and voluntarily and that "no one ha[d] subjected [him] to any force, duress, threats, intimidation or pressure to compel or induce [him] to enter a plea of guilty." Finally, Labadie stated that
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