BALBIN v. STATE (2024)

District Court of Appeal of Florida, Third District.

Manuel BALBIN, Appellant, v. The STATE of Florida, Appellee.

No. 3D21-1770

Decided: May 29, 2024

Before LOGUE, C.J., and MILLER and LOBREE, JJ.

Eric J. Cvelbar, for appellant. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Appellant appeals the denial of his Florida Rule of Criminal Procedure 3.850 post-conviction motion. Paragraph twenty of his second plea agreement expressly provided that if the trial court found he violated probation again, the Appellant could be sentenced to thirty years with a twenty-five year minimum mandatory sentence for the underlying conviction of attempted felony murder with a deadly weapon. Because the Appellant had notice of the potential sentence for the crime underlying the grant of probation, the trial court could impose the sentence including the minimum mandatory for Appellant's subsequent probation violation. See, e.g., Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020) (“Because [appellant] was originally subject to the twenty-five-year mandatory minimum sentence before she entered into the plea agreement with the State, she was appropriately subject to it once her probation was revoked.”).

Affirmed.

PER CURIAM.

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