DOUGLAS ARTIS POFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant was properly sentenced for manslaughter, even though the judgment incorrectly stated vehicular homicide.
Douglas Poff pleaded no contest to manslaughter as part of a plea bargain and was sentenced to fifteen years imprisonment. He appealed, arguing he was…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Second Degree Felony cases and more on FLexlaw
SCHEB, Acting Chief Judge.
Appellant, Douglas Poff, was originally charged with first degree murder. Pursuant to a plea bargain, Poff entered a plea of no contest to manslaughter. During a colloquy between Poff and the court, the judge ascertained that Poff understood the significance of his plea and that he could receive fifteen years imprisonment. The judge then adjudicated Poff guilty of the offense of “vehicular homicide, manslaughter” and sentenced him to fifteen years.
On appeal Poff contends that he was sentenced for the charge of vehicular homicide, a felony of the third degree, under Section 782.071, Florida Statutes (1977), not manslaughter, a felony of the second degree, under Section 782.07, Florida Statutes (1977). He argues, therefore, that he should be sentenced to a maximum of five years imprisonment under Section 782.071.
Poff’s contention has no merit. From an examination of the colloquy between Poff and the court regarding his plea and the factual basis for that plea, it becomes clear that Poff pled no contest to a charge of manslaughter, with the understanding that the maximum penalty could be fifteen years. Accordingly, we affirm the judgment of conviction and sentence but remand and direct the trial court to correct the record to show that Poff was convicted of manslaughter under Section 782.07. See State v. Burton, 314 So. 2d 136 (Fla.1975).
OTT and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gerardo v. State, 383 So. 2d 1122 (Fla. 2d DCA 1980)…upreme Court has held that where the sentence on its face is clear it should not be altered by the reviewing court’s speculating about the trial judge’s intent. Fallagan v. Wainwright, 195 So. 2d 562 (Fla.1967). The State relies upon Poff v. State, 376 So. 2d 62 (Fla. 2d DCA 1979), to support its position that the defendant’s burglary sentence may be increased from thirty years to life upon resentencing. In Poff, the defendant entered a plea of no contest to the charge of manslaughter with the understanding…
Authorities Cited
- State v. Ollis Burton, 314 So. 2d 136 (Fla. 1975)