BRIAN EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Brian Edwards challenges his guilty plea to a violation of probation, arguing the trial court failed to comply with minimal procedural requirements for accepting such pleas. The court held that Edwards was inadequately advised of his options and given insufficient time to confer with counsel, requiring reversal and remand for a new hearing.
The trial court's acceptance of Edwards' guilty plea did not comply with minimal procedural requirements. Although trial courts need not comply with Florida Rule of Criminal Procedure 3.172 in violation of probation cases, they must advise the probationer of violation charges, potential consequences, the right to counsel, and the right to a final hearing, and the probationer must be able to confer with counsel prior to entering a plea.
[1] A trial court accepting a guilty plea to a violation of probation need not comply with Florida Rule of Criminal Procedure 3.172.
[2] A court must advise a probationer of violation charges, the potential consequences of a guilty plea, the right to counsel, and the right to a final hearing.
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Join FLexlaw to unlock all legal intelligence“In accepting a guilty plea to a violation of probation, the trial court need not comply with the requirements of Florida Rule of Criminal Procedure 3.172.”
Establishes that violation of probation proceedings have relaxed procedural requirements compared to standard criminal cases
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Join FLexlaw to unlock all legal intelligenceEdwards entered a guilty plea to a violation of probation at a preliminary hearing. The record does not reflect that the trial court adequately advise…
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PER CURIAM.
The issue in this case is whether the proceedings in the trial court comported with the minimal procedural requirements for the acceptance of a guilty plea to a charge of violation of probation.
In accepting a guilty plea to a violation of probation, the trial court need not comply with the requirements of Florida Rule of Criminal Procedure 3.172. See Allen v. State, 662 So. 2d 380 (Fla. 4th DCA 1995); Washington v. State, 284 So. 2d 236 (Fla. 2d DCA 1973). Section 984.06, Florida Statutes (1997), requires the court to “advise” the probationer of the violation charges. The probationer should also be told of the potential consequences of a guilty plea, the right to counsel, and the right to a final hearing on violation of probation, at which time a probationer has the “opportunity to be fully heard on his or her behalf in person or by counsel.” § 984.06, Fla. Stat. (1997); see State v. Hicks, 478 So. 2d 22 (Fla.1985); Allen; Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990); Washington. The right to counsel under Hicks includes the ability to confer with counsel prior to entering a plea. See Schiffer v. State, 617 So. 2d 357 (Fla. 4th DCA 1993).
In this case, the record does not reflect that the trial court adequately advised appellant of his options at the preliminary hearing for violation of probation, either individually, or as part of a group of alleged violaters at the beginning of the court proceeding. Cf. Collins v. State, 710 So. 2d 55 (Fla. 4th DCA 1998). Appellant was given inadequate time to confer with the attorney appointed seconds before the plea and he did not expressly waive his right to confer with counsel. We therefore set aside the guilty plea and sentence, and remand to the trial court for a new violation of probation hearing.
POLEN, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 776 So. 2d 1024 (Fla. 1st DCA 2001)…re is no requirement that a determination be made as to the factual basis of the plea or that the plea was freely and voluntarily given. See Douglas v. State, 433 So. 2d 12, 13 (Fla. 1st DCA 1983); Allen, [*1026] 662 So. 2d at 881; Edwards v. State, 721 So. 2d 744, 745 (Fla. 4th DCA 1998). However, in accepting a guilty plea to a probation violation, the trial court must advise the probationer of the violation charges and, among other things, should tell the probationer of the potential consequences of a guil…
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Balsinger v. State, 974 So. 2d 592 (Fla. 2d DCA 2008)…of Criminal Procedure 3.172, which governs the acceptance of a guilty or nolo contendere plea; however, section 948.06(2), Florida Statutes (2006), requires that the trial court advise the probationer of the alleged violation. See Edwards v. State, 721 So. 2d 744, 745 (Fla. 4th DCA 1998). If the probationer does not admit to the violation and the charged violation is not dismissed, the court must give the probationer an opportunity to be fully heard. § 948.06(2)(d). The Edwards court added that “[t]he probat…
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Brady v. State, 910 So. 2d 388 (Fla. 2d DCA 2005)…, 45 L.Ed.2d 562 (1975). The denial of Brady’s right to counsel is fundamental error requiring reversal. See Tyler v. State, 710 So. 2d 645, 648 (Fla. 4th DCA 1998) (“A denial of a right to counsel is fundamental error.”); see also Edwards v. State, 721 So. 2d 744, 745 (Fla. 4th DCA 1998) (setting aside a defendant’s guilty plea and sentence and remanding for a new violation of probation hearing when the defendant admitted a violation without being given adequate time to confer with an appointed attorney and…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)
- State v. Hicks, 478 So. 2d 22 (Fla. 1985)
- Smith v. State, 284 So. 2d 236 (Fla. 2d DCA 1973)
- Allen v. State, 662 So. 2d 380 (Fla. 4th DCA 1995)
- Schiffer v. State, 617 So. 2d 357 (Fla. 4th DCA 1993)
- Collins v. State, 710 So. 2d 55 (Fla. 4th DCA 1998)