record to indicate waiver in Florida

2019However, the Florida Supreme Court explained that there is an exception to the general rule when a defendant can demonstrate: "(a) the plea is a general plea as -3- distinguished from a plea bargain; (b) the double jeopardy violation is apparent from the record; and (c) there is nothing in the record to indicate a waiver of the double jeopardy violation." Id. (quoting Novaton v. State, 634 So. 2d 607, 609 (Fla. 1994)).

2017An exception to this general rule is “when (a) the plea is a general plea as distinguished from a plea bargain; (b) the double jeopardy violation is apparent from the record; and (c) there is nothing in the record to indicate a waiver of the double jeopardy violation.” Novaton, 634 So.2d at 609 .

2007Novaton v. State, 634 So.2d 607, 609 (Fla. 1994); see also Melvin v. State, 645 So.2d 448 , 449 n. 1 (Fla.1994) (explaining the difference between a "plea agreement" and a "plea bargain"; in a "plea bargain" the defendant negotiates with the State and agrees to plead in exchange for some benefit, such as a reduced sentence).

2002Id. at 609 .

2019“Although a guilty plea and adjudication of guilt generally preclude a later double jeopardy attack, an exception applies when, as in this case, there is a general or open plea, the double jeopardy is apparent from the face of the record, and there is nothing in the record to indicate a waiver of double jeopardy.” Bailey v. State, 21 So. 3d 147, 149 (Fla. 5th DCA 2009).

2019“For double jeopardy purposes lesser included offenses are tantamount to the greater offense charged if all the constituent essential elements of such lesser offenses are included within the elements of such greater offense.” Bell v. State, 437 So. 2d 1057, 1058 (Fla. 1983).

2017In the instant case, the parties agree that the defendant has met the first prong because his plea was an “open plea” to the court, not a bargained-for plea, see God-frey v. State, 947 So.2d 565, 567 (Fla. 1st DCA 2006) (holding that an “open plea” does not amount to a bargained-for plea), and the third prong because the defendant did not specifically waive his right to appeal a double jeopardy violation despite waiving his right to appeal any of the trial court’s rulings.

2016See Novaton v. State, 634 So.2d. 607, 609 (Fla.1994) (noting that a defendant that entered a plea may still raise a double jeopardy claim:.on appeal when “(a) the plea is a general plea as distinguished from a,plea bargain; (b) the double jeopardy violation is apparent from the record; and (e) there is nothing in the record to indicate a waiver of the double jeopardy violation”); Meythaler v. State, 175 So.3d 918, 919 (Fla. 2d DCA 2015) (same).

2015In other words, “if [the] defendant enters into a general plea of guilty or no contest to the criminal charges, but leaves sentencing up to the court, then there is no waiver of the double jeopardy violation.” Grene v. State, 702 So.2d 510, 511 (Fla. 3d DCA 1996).

2009Novaton v. State, 634 So.2d 607, 609 (Fla.1994); Demps v. State, 965 So.2d 1242, 1243 (Fla. 4th DCA 2007).

2009See Brown v. State, 1 So.3d 1231 (Fla. 2d DCA 2009), citing Novaton, v. State, 634 So.2d 607, 609 (Fla. 1994).