ANDRE HUOT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that failure to advise a defendant of the maximum possible penalty before accepting a guilty plea is reversible error.
Appellant pleaded guilty to possession of an altered VIN and grand theft without a plea bargain. He was not advised of the maximum possible penalties.…
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HERSEY, Chief Judge.
Andre Huot appeals his conviction of possession of an automobile with an altered vehicle identification number and grand theft. He also appeals the trial court’s denial of his motion to withdraw his guilty plea.
Various errors are suggested by appellant. We treat only one, as we find it dispositive. Huot entered a plea of guilty. There was no plea bargain. He was not advised of the possible penalties. Rule 3.172(c)(i), Florida Rules of Criminal Procedure, mandates that the defendant be advised of “[t]he nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law....”
Failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty. See Green v. State, 406 So. 2d 1148 (Fla. 1st DCA 1981), approved, 421 So. 2d 508 (Fla.1982).
We therefore reverse and remand with directions to permit the appellant to withdraw his plea of guilty.
REVERSED AND REMANDED.
ANSTEAD and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Brown v. State, 585 So. 2d 350 (Fla. 4th DCA 1991)…imposed. Conceivably, under a life sentence appellant could serve longer than the twenty-five-year minimum. Smith, 545 So. 2d at 423 (emphasis added) (citation omitted). Furthermore, although not cited by the parties, this court in Huot v. State, 516 So. 2d 1140 (Fla. 4th DCA 1987), allowed the defendant to withdraw his guilty plea and held, based on the mandate in rule 3.172(c)(i), Florida Rules of Criminal Procedure, that: Failure to advise a defendant of a maximum possible sentence prevents the defendan…
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Marriott v. State, 582 So. 2d 728 (Fla. 4th DCA 1991)…said that if these facts had been known to the trial court, they conclusively would have prevented the entry of a judgment and would mandate that the defendant’s plea be withdrawn and his judgment and sentence vacated. Id. at 792. In Huot v. State, 516 So. 2d 1140 (Fla. 4th DCA 1987), we reversed a conviction of possession of an automobile with an altered vehicle identification number and grand theft and remanded with directions to permit the appellant to withdraw his plea of guilty where the appellant was no…
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Garza v. State, 519 So. 2d 727 (Fla. 2d DCA 1988)…s informed of Garza’s lack of knowledge of the possible sentence but chose not to inquire further. Garza clearly did not enter a voluntary plea as contemplated by rule 3.172(c)(i). That rule, therefore, is disposi-tive of this appeal. Huot v. State, 516 So. 2d 1140 (Fla. 4th DCA 1987). Reversed and remanded to the trial court to allow Garza the opportunity to withdraw his plea of guilty. SCHEB, A.C.J., and RYDER, J., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 421 So. 2d 508 (Fla. 1982)
- Green v. State, 406 So. 2d 1148 (Fla. 1st DCA 1981)