Cardenas-Betancourt — Third District affirmed after plea waived charging objections

Case
Jorge Luis Cardenas-Betancourt v. State of Florida
Court
Florida Third District Court of Appeal
Judge
Lindsey; Miller; Rebull
Date Decided
October 22, 2026
Docket No.
3D26-1799
Topics
Criminal Appeals; Guilty Pleas; Charging Information; Waiver
Source
Read the full opinion

Background

Jorge Luis Cardenas-Betancourt appealed from a proceeding in the Circuit Court for Miami-Dade County under Florida Rule of Appellate Procedure 9.141(b)(2). The brief per curiam opinion does not describe the underlying charge, sentence, or specific relief he sought.

The authorities cited by the Third District indicate that the appeal concerned an alleged defect or amendment in the charging information and procedural or due-process objections related to Cardenas-Betancourt’s plea. The opinion indicates that defense counsel agreed on the record to the relevant procedure as part of the plea.

The Court’s Holding

The Third District Court of Appeal affirmed without extended analysis. Relying on Bradley v. State, the court concluded that a plea to the charge cures any defect in the charging information.

The court also cited Lemos v. State for the principle that procedural and due-process objections may be waived by defense counsel on the record as part of a plea. Its citation to State v. Anderson further supported affirmance where a defendant agreed to an oral amendment of the information.

Key Takeaways

  • A plea to a charge cures defects in the charging information under the authority cited by the court.
  • Defense counsel may waive procedural and due-process objections on the record as part of a plea.
  • An agreed oral amendment to an information does not require reversal.

Why It Matters

The decision reinforces that agreements and waivers made during plea proceedings can foreclose later challenges to the charging instrument or the procedure used to amend it. Counsel should ensure that the record clearly reflects any objection, agreement, or waiver concerning the information before a plea is entered.

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