ERIC DWAYNE MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of a motion to withdraw a guilty plea because the trial court failed to advise the defendant of the mandatory minimum sentence required by the Prison Releasee Reoffender statute during the plea colloquy.
A plea is involuntary and must be withdrawn when the trial court fails to advise the defendant of a mandatory minimum sentence as a direct consequence of the plea.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 to ensure the plea is voluntary.
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Join FLexlaw to unlock all legal intelligence“For a plea to be voluntary, the defendant must be fully advised of the direct consequences of the plea.”
Establishing the standard for voluntary pleas under Florida law.
Moore entered a plea of nolo contendere to resisting an officer with violence and was sentenced as a Prison Releasee Reoffender under Florida Statutes…
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PER CURIAM.
The appellant entered a plea of nolo contendré to resisting an officer with violence and was sentenced as a Prison Re-leasee Reoffender pursuant to section 775.082(9)(a), Florida Statutes (1999). We reverse the trial court’s denial of the appellant’s motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(f), because the minimum mandatory sentence required by the PRR statute 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); 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).
Accordingly, we reverse and remand to the trial court, where appellant shall be given an opportunity to withdraw his plea. See Coban, 520 So. 2d at 41-42; Green, 421 So. 2d at 509-10.
BARFIELD, MINER and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities 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)