JAMES WESLEY SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1986-12-17
No. 85-186
LEHAN and HALL, JJ., concur.
499 So. 2d 29 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
DANAHY, Chief Judge.

DANAHY, Chief Judge.

The defendant argues on this appeal that he should be allowed to withdraw his plea of guilty, claiming confusion and misunderstanding on his part as to the consequences of his plea. The record supports the defendant’s claim. Under such circumstances, a defendant should be allowed to withdraw his plea. Thompson v. State, 351 So. 2d 701 (Fla.1977); Dominquez v. State, 432 So. 2d 799 (Fla. 2d DCA 1983).

Accordingly, we reverse with directions that the defendant be allowed to withdraw his plea of guilty.

LEHAN and HALL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Offord v. State, 544 So. 2d 308 (Fla. 4th DCA 1989)
    …inson, 450 So. 2d 277 (Fla. 1st DCA 1984), quashed in part on other grounds, 468 So. 2d 986 (Fla.1985). Where it appears any party is mistaken, confused or misunderstands such essential terms there can be no meeting of the minds. See Scott v. State, 499 So. 2d 29 (Fla. 2d DCA 1986). We reverse. We cannot conclude appellant knew and understood all of the essential terms of the plea bargain at the time she entered her guilty plea. What was to be substantial assistance appears to have been a subject of continu…
  • Pate v. State, 547 So. 2d 316 (Fla. 4th DCA 1989)
    …binson, 450 So. 2d 277 (Fla. 1st DCA 1984), quashed in part on other grounds, 468 So. 2d 986 (Fla.1985). When it appears any party is mistaken, confused or misunderstands such essential terms there can be no meeting of the minds. See Scott v. State, 499 So. 2d 29 (Fla. 2d DCA 1986). Where a guilty plea is the result of a misunderstanding of the nature and scope of the substantial assistance agreement, the plea is not voluntarily made. Elias v. State, 531 So. 2d 418 (Fla. 4th DCA 1988). Thus, appellant was e…

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