JOSEPH HOWARD, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court reversed guilty plea for burglary with assault/battery and armed firearm, attempted second-degree murder, and shooting into a building because the trial court failed to advise defendant of the mandatory minimum three-year sentence during the plea colloquy, rendering the plea involuntary.
A defendant's guilty plea is involuntary when the trial court fails to advise him of a mandatory minimum sentence that is a direct consequence of the plea.
[1] A mandatory minimum sentence is a direct consequence of a guilty plea that must be disclosed during the plea colloquy; failure to advise a defendant of such a sentence re…
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Join FLexlaw to unlock all legal intelligence“Failure to so advise prohibits a defendant from rendering a truly voluntary and knowledgeable waiver of the constitutional rights inherent in the plea arrangement”
State v. Green, establishing that defendants must be fully advised of direct consequences of their plea
Joseph Howard, Jr. pleaded guilty to burglary with assault or battery armed with a firearm, attempted second-degree murder, and shooting at or into a …
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PER CURIAM.
Joseph Howard, Jr. entered a plea of guilty to burglary with an assault or battery and armed with a firearm; attempted second degree murder; and shooting at' or into a private building. We reverse because he was sentenced to a minimum mandatory sentence of three years, but such a sentence was never discussed during the plea colloquy.
For a plea to be voluntary, the defendant must be fully advised of the direct consequences of the plea. See State v. Green, 421 So. 2d 508, 509 (Fla.1982) (“Failure to so advise prohibits a defendant from rendering a truly voluntary and knowledgeable waiver of the constitutional rights inherent in the plea arrangement”); Daniels v. State, 716 So. 2d 827, 828 (Fla. 4th DCA 1998). A mandatory minimum sentence is a direct consequence of a defendant’s plea, and the failure to advise a defendant of this consequence renders a plea involuntary. See State v. Coban, 520 So. 2d 40, 42 (Fla.1988). In this case, the transcript of the plea discussions does not reveal any mention of a mandatory minimum sentence as required by Florida Rule of Criminal Procedure 3.172(c). See Thornton v. State, 747 So. 2d 439 (Fla. 4th DCA 1999).
We reject the other points raised by Howard, but reverse and remand to allow him to withdraw his plea of guilty.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Demello Bolware v. State, 995 So. 2d 268 (Fla. 2008)…n that a lawyer has no greater duty than that of a trial court. . See Major v. State, 814 So. 2d 424, 429 (Fla. 2002); Moore v. State, 831 So. 2d 1237, 1238 (Fla. 1st DCA 2002); Watrous v. State, 793 So. 2d 6, 9 (Fla. 2d DCA 2001); Howard v. State, 762 So. 2d 995, 996 (Fla. 3d DCA 2000); Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998); Boutwell v. State, 776 So. 2d 1014, 1016 n. 2 (Fla. 5th DCA 2001). . The majority does not tell us what this additional sanction is to be called, if not punishment. In o…
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Travies E. Boutwell, Jr. v. State, 776 So. 2d 1014 (Fla. 5th DCA 2001)…2, 1234 (Fla. 4th DCA 1999).2 AFFIRMED. SHARP, W., and PLEUS, JJ., concur. . Section 948.03(5)(a)(b), Fla.Stat. (1997). . In order for a plea to be voluntary, a defendant must be advised of the "direct consequences” of his plea. Howard v. State, 762 So. 2d 995 (Fla. 3d DCA 2000); Thornton v. State, 747 So. 2d 439, 441 (Fla. 4th DCA 1999). To be considered "direct consequences" of a defendant's plea, the consequences must have a "definite, immediate, and largely automatic effect on the range of the defenda…1 / 2
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State v. Demello Bolware, 999 So. 2d 660 (Fla. 1st DCA 2003)…98), has been cited without criticism by every appellate court in Florida. See, e.g., Major v. State, 814 So. 2d 424 (Fla.2002); Moore v. State, 831 So. 2d 1237 (Fla. 1st DCA 2002); Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001); Howard v. State, 762 So. 2d 995 (Fla. 3d DCA 2000); Boutwell v. State, 776 So. 2d 1014 (Fla. 5th DCA 2001). Indeed, the supreme court has favorably quoted from Daniels at considerable length, and has indicated that Daniels contains a correct recitation of the test to be applied in…
Previewing 3 of 5 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)
- Freeman Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998)
- State v. Coban, 520 So. 2d 40 (Fla. 1988)
- Shana Thornton v. State, 747 So. 2d 439 (Fla. 4th DCA 1999)