ALFONSO LEWIS MILES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence cannot be imposed without a valid plea, especially after prior proceedings, including pleas, have been vacated.
The defendant pleaded guilty to charges, received a suspended sentence, and later violated community control. The trial court vacated all prior procee…
The full statement of facts, procedural history, and disposition for this case are member content.
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PATTERSON, Judge.
We are compelled to reverse in this case because sentence was inadvertently imposed without the benefit of a prior plea of guilty or nolo contendere.
On September 26, 1990, Miles entered pleas of guilty to dealing in stolen property and grand theft. He received a suspended prison sentence and was placed on community control. Miles was subsequently charged with burglary and petit theft, which became the basis for the revocation of his community control. Miles admitted the violation and was sentenced to prison on all of the charges. Subsequently, the trial judge, concerned with Miles’ competency, recalled the cases and said on the record:
The Court is going to set aside that sentence, set aside that plea. The Court is going to set aside every proceeding we had this morning on Alfonso Louis [sic] Miles.
The Court is going to revoke everything it has done.
The court then ordered a competency evaluation of Miles.
On April 25, 1991, after review of the competency evaluation, Miles again appeared before the court. Without commencing a renewed plea procedure, he was again sentenced to prison. Because the court’s prior vacating of Miles’ pleas had the effect of no plea ever having been entered, see State v. McClain, 509 So. 2d 1360 (Fla. 2d DCA 1987); Bell v. State, 262 So. 2d 244 (Fla. 4th DCA), cert. denied, 265 So. 2d 50 (Fla.1972), the court was without authority to impose sentence.
We therefore reverse and remand for new proceedings on the violations of community control and the new charges which constituted the basis for that violation.
DANAHY, A.C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 762 So. 2d 990 (Fla. 4th DCA 2000)…The trial court was without authority to reconsider the motion to withdraw appellant’s plea. When a plea of guilty or nolo contendere is withdrawn and accepted by the court, it is as if the plea had never been entered ab initio. See Miles v. State, 620 So. 2d 1075 (Fla. 2d DCA 1993); State v. McClain, 509 So. 2d 1360 (Fla. 2d DCA 1987); Bell v. State, 262 So. 2d 244 (Fla. 4th DCA), cert. denied, 265 So. 2d 50 (Fla.1972). We therefore find that the trial court erred in granting the [*992] motion to reconsider…
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Elder v. State, 268 So. 3d 995 (Fla. 2d DCA 2019)…ho is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent."). Our ruling invalidating Elder's plea "had the effect of no plea ever having been entered." See Miles v. State, 620 So. 2d 1075, 1076 (Fla. 2d DCA 1993) ; see also State v. McClain, 509 So. 2d 1360, 1361 (Fla. 2d DCA 1987) ("When the court set aside McClain's original plea, it was as if a plea had never been entered ab initio, and the state had the option of prosecuting the…
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Elder v. State (Fla. 2d DCA 2019)…ho is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent."). Our ruling invalidating Elder's plea "had the effect of no plea ever having been entered." See Miles v. State, 620 So. 2d 1075, 1076 (Fla. 2d DCA 1993); see also State v. McClain, 509 So. 2d 1360, 1361 (Fla. 2d DCA 1987) ("When the court set aside McClain's original plea, it was as if a plea had never been entered ab initio, and the state had the option of prosecuting the d…
Authorities Cited
- Bell v. State, 262 So. 2d 244 (Fla. 1st DCA 1972)
- State v. McCLAIN, 509 So. 2d 1360 (Fla. 2d DCA 1987)
- Bell v. State, 265 So. 2d 50 (Fla. 1972)
- Brown v. State, 265 So. 2d 50 (Fla. 1972)