LEONARD G. LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; ALTON LYNN GILLEN, APPELLANT, V. STATE OF FLORIDA, APPELLEE; JAMES H. WHITEHEAD, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed RICO convictions of two defendants where the information was legally insufficient under Beatty v. State, holding that a nolo contendere plea with stipulated facts does not cure substantive deficiencies in the charging document.
A stipulation of factual basis upon entry of a nolo contendere plea does not cure substantive deficiencies in a RICO information that was specifically challenged at trial.
[1] A stipulation of factual basis in connection with a nolo contendere plea does not cure substantive deficiencies in a charging information that were specifically raised at…
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Join FLexlaw to unlock all legal intelligence“Our holding in Dean must be limited to the particular circumstances of that case. The deficiency in the Dean information was obviously a typographical error, and the point had never been argued to the trial court. Here, the deficiency in the RICO information was more than technical, and it was specifically pointed out to the trial court.”
Court explaining why Dean v. State does not apply and why the RICO information was insufficient
The state charged Whitehead and Gillen with RICO violations and all three appellants with conspiracy to traffic in controlled substances. All three de…
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GRIMES, Acting Chief Judge.
The state charged appellants Whitehead and Gillen with violation of the RICO statute and charged all three appellants with conspiracy to traffic in certain controlled substances. The appellants ultimately pled nolo contendere, reserving the right to appeal the denial of several motions.
Appellants Whitehead and Gillen argue that their RICO convictions must be reversed because the state’s information against them was identical to the one we deemed legally insufficient in Beatty v. State, 418 So. 2d 271 (Fla. 2d DCA 1982). The state argues under the rationale of Dean v. State, 414 So. 2d 1096 (Fla. 2d DCA 1982), that the stipulation of a factual basis in connection with the entry of their pleas of nolo contendere cured the deficiencies in the information. We decline to accept the state’s position. Our holding in Dean must be limited to the particular circumstances of that case. The deficiency in the Dean information was obviously a typographical error, and the point had never been argued to the trial court. Here, the deficiency in the RICO information was more than technical, and it was specifically pointed out to the trial court. The RICO information against Whitehead and Gillen was insufficient for the reasons expressed in Beatty and should have been dismissed.
Appellants’ remaining points have no merit.
Accordingly, we reverse the RICO convictions against appellants Whitehead and Gil-len, but we affirm all of the other judgments of guilt.
SCHEB and SCHOONOVER, JJ., concur.
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Citator
Cited By
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Hoover v. State, 511 So. 2d 629 (Fla. 1st DCA 1987)…th DCA 1981)15; State v. Vinson, 320 So. 2d 50 (Fla. 2d DCA 1975), aff'd, Vinson v. State, 345 So. 2d 711 (1977)16. See also Bright v. State, 317 So. 2d 864 (Fla. 4th DCA 1965)17; Shannon v. State, 406 So. 2d 87 (Fla. 1st DCA 1981)18; Long v. State, 421 So. 2d 1089 (Fla. 2d DCA 1982)19. The attempt by the prosecutor in this case to find an offense to which appellant could be persuaded to plead, and for which he could be sentenced to a substantial term of years20, thereby avoiding the expense and uncertainty o…
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Monroe Butler v. State, 456 So. 2d 545 (Fla. 2d DCA 1984)…was found and adjudicated guilty on all four charges. Appellant argues, and we agree, that his RICO conviction must be reversed because the state’s information against him was identical to the ones we held legally insufficient in Gillen v. State, 421 So. 2d 1089 (Fla. 2d DCA 1982); Whitehead v. State, 421 So. 2d 1089 (Fla. 2d DCA 1982); Beatty v. State, 418 So. 2d 271 (Fla. 2d DCA 1982); Bowers v. State, 418 So. 2d 272 (Fla. 2d [*546] DCA 1982); and Long v. State, 418 So. 2d 1264 (Fla. 2d DCA 1982). We ha…1 / 2
Authorities Cited
- Dean v. State, 414 So. 2d 1096 (Fla. 2d DCA 1982)
- Beatty v. State, 418 So. 2d 271 (Fla. 2d DCA 1982)