STATE OF FLORIDA, PETITIONER,
v.
JAMES EDWARD WILSON, RESPONDENT
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The court held that the record conclusively demonstrated the defendant was apprised of the mandatory minimum sentence, satisfying the rule's requirement.
The defendant pled guilty to burglary and received a five-year sentence. The First District Court of Appeal granted post-conviction relief, finding th…
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ENGLAND, Justice.
On December 21, 1979, the First District Court of Appeal approved James Wilson’s collateral attack by way of motion for post-conviction relief1 on a five-year sentence of burglary to which Wilson pled guilty.2 The basis for the district court’s action was a failure of the trial court to advise Wilson of a mandatory minimum three-year sentence for the crime to which he had pled guilty, a requirement recently imposed by Florida Rule of Criminal Procedure 3.172(c)(i).3
We find it unnecessary to pass on the legal questions raised in the district court. The record before us clearly shows that counsel for the state advised the court during the sentencing proceeding, with Mr. Wilson present:
“For the record, the sentence is a three-year mandatory sentence,”
which the court acknowledged on the record by saying:
“That’s right.”
The requirement of Rule 3.172(c)(i) is met when the record conclusively demonstrates that the defendant was apprised of the mandatory minimum penalty provided by law. Obviously, the sentence was properly imposed following Wilson’s plea of guilty.
The decision of the district court is quashed and this case is remanded for further proceedings.
It is so ordered.
ADKINS, Acting C. J., and BOYD, OVERTON and McDONALD, JJ., concur. . Fla.R.Crim.P. 3.850.
. Wilson v. State, 378 So. 2d 1258 (Fla. 1st DCA 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. . See The Fla. Bar Re Fla. Rules of Criminal Procedure, 343 So. 2d 1247 (Fla. 1977). Prior to the adoption of Rule 3.172(c)(i), there was no requirement under Florida law that a defendant be advised of any mandatory minimum sentence. See, e.g., Knowles v. State, 356 So. 2d 885 (Fla. 3d DCA 1978).
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Citator
Cited By (13 total)
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Hardee v. State, 534 So. 2d 706 (Fla. 1988)…ctual basis for a plea to armed burglary which showed only that the defendant had committed the theft of a firearm while inside the house he was alleged to have burgled. Wilson v. State, 378 So. 2d 1258 (Fla. 1st DCA 1979), quashed on other grounds, 395 So. 2d 520 (Fla.1981). Neither opinion stated whether the gun was loaded when it was stolen, but subsequent opin [*708] ions have held that the theft of a loaded gun while committing a burglary suffices to enhance the crime to armed burglary under section 810.…
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Brown v. State, 585 So. 2d 350 (Fla. 4th DCA 1991)…and that if the court accepts my plea to these charges, my sentence will be an open plea to the court.” Appellee relies on Homer v. State, 553 So. 2d 781 (Fla. 4th DCA 1989); State v. Smith, 507 So. 2d 1209 (Fla. 4th DCA 1987); and State v. Wilson, 395 So. 2d 520 (Fla. 1981). In Homer, this court held that a defendant was not entitled to withdraw his open plea of guilty because the plea was not negotiated based on any promises, nor was the defendant assured of any particular sentence. In Smith, this court…
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Mills v. State, 400 So. 2d 516 (Fla. 5th DCA 1981)…ee felony, cannot be elevated to a felony of the first degree when the evidence shows that the perpetrator steals an unloaded gun in the course of the crime. He relies on Wilson v. State, 378 So. 2d 1258 (Fla. 1st DCA 1979), quashed on other grounds 395 So. 2d 520 (Fla.1981), and Sanders v. State, 352 So. 2d 1187 (Fla. 1st DCA 1977), cert. denied 362 So. 2d 1056 (Fla.1978). In both Wilson and Sanders, the court commented that the mere showing of a theft of a gun after entering a structure, standing alone, is…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. Bar. re Fla. Rules of Crim. Procedure, 343 So. 2d 1247 (Fla. 1977)
- Anne Slater Phillips v. Slater, 378 So. 2d 1258 (Fla. 3d DCA 1979)
- Knowles v. State, 356 So. 2d 885 (Fla. 3d DCA 1978)