ROMAN CHAD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed probation violation judgments but reversed a felony conviction where the defendant pleaded no contest to a lesser misdemeanor offense, holding that adjudicating guilt of the charged felony constitutes fundamental error.
A trial court commits fundamental error when it adjudicates a defendant guilty of a charged felony offense despite the defendant's plea of no contest to a lesser included misdemeanor offense.
[1] A trial court commits fundamental error when it adjudicates a defendant guilty of a charged felony offense notwithstanding the defendant's plea of no contest to a lesser…
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Join FLexlaw to unlock all legal intelligenceJohnson admitted violating probation in 14 cases and entered a plea of no contest to misdemeanor trespass to a vehicle in Case No. 96-1639, but the wr…
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PER CURIAM.
Appellant Roman Chad Johnson appeals judgments and sentences imposed upon his admission that he violated his probation in 14 cases, and upon his plea of no contest to a newly charged crime in Case No. 96-1639. Johnson’s appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), indicating that no reversible error is apparent from the face of the record. We agree with this conclusion as to the violation of probation cases, and therefore affirm the judgments and sentences entered therein.
However, our review of the record indicates that although appellant entered a plea of no contest to the lesser included offense of misdemeanor trespass to a vehicle in Case No. 96-1639, the written judgment and sentence adjudicates him guilty of the felony offense of grand theft of a motor vehicle, and imposes a sentence of two years incarceration. Although no objection to the written judgment and sentence was raised in the trial court, we conclude that adjudicating appellant guilty of the charged felony in Case No. 96-1639, when his plea was entered to a lesser included misdemeanor offense, constitutes fundamental error. Cf. Peavy v. State, 706 So. 2d 943 (Fla. 1st DCA 1998). Accordingly, we reverse the judgment and sentence in Case No. 96-1639, and remand that case to the trial court for further proceedings consistent with this opinion.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF, MICKLE and LAWRENCE, JJ., concur.
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Cole v. State, 924 So. 2d 962 (Fla. 4th DCA 2006)…Although Cole did not object at the sentencing hearing to the adjudication and sentence imposed for Count II, we conclude that adjudicating Cole guilty on a count to which he did not enter a plea constitutes fundamental error. See Johnson v. State, 710 So. 2d 715, 716 (Fla. 1st DCA 1998) (holding that adjudication of guilt as to greater offense, when defendant entered a plea of no contest to a lesser included offense only, constituted fundamental error). We therefore reverse Cole’s conviction and sentence…
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Smith v. State, 795 So. 2d 976 (Fla. 1st DCA 2001)…felony. If the plea was to the latter offense, the written judgment and sentence adjudicating appellant guilty of attempted robbery with a weapon and imposing a sentence in excess of five years constitutes a fundamental error. See Johnson v. State, 710 So. 2d 715 (Fla. 1st DCA 1998). In response to our request for supplemental briefing on this issue, counsel for appellant candidly acknowledges that in [*977] light of contradictions inherent in the written plea agreement and the plea colloquy, he is unable…
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Walker v. State, 207 So. 3d 254 (Fla. 5th DCA 2016)…verse and remand for further proceedings. See Cole v. State, 924 So. 2d 962, 963 (Fla. 4th DCA 2006) (concluding that adjudicating a defendant guilty on a count to which he did not enter a plea constitutes fundamental error (citing Johnson v. State, 710 So. 2d 715, 716 (Fla. 1st DCA 1998))). REVERSED AND REMANDED. TORPY, BERGER and WALLIS, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Singletary v. Armstrong, 706 So. 2d 943 (Fla. 2d DCA 1998)