5D07-948 Jason McBride v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-948

Case Date: 05/26/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

JASON MCBRIDE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 30, 2008 Appeal from the Circuit Court for Brevard County, Meryl L. Allawas, Judge. James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-948

PER CURIAM. After pleading guilty pursuant to a negotiated plea agreement, Appellant seeks review on two points: his sentence as a prison releasee reoffender and the denial of his motion to disqualify the trial judge before he entered his plea. We affirm the sentence because the record bears out that Appellant met the statutory criteria for the sentence

and agreed to it. We cannot review the second issue, however, because Appellant pled guilty after his motion to disqualify was denied. Fla. R. App. P. 9.140(b)(2). AFFIRMED IN PART; DISMISSED IN PART.

SAWAYA, TORPY and EVANDER, JJ., concur.

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