RICKY SLATER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-08-13
No. 5D03-2369
PETERSON and MONACO, JJ., concur.
880 So. 2d 802 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ricky Slater appealed the denial of his motion for post-conviction relief, arguing that his plea should be set aside because he was not advised that his parental rights would be terminated as a consequence. The Florida District Court of Appeal affirmed, holding that termination of parental rights is a collateral consequence of a guilty plea rather than a direct consequence, and therefore the trial court had no obligation to advise him of this consequence.


Holding

Termination of parental rights is a collateral consequence of pleas of no contest to aggravated manslaughter of a child and aggravated child abuse because it is not a direct, immediate, or automatic consequence of the plea, is not a punishment, and has no bearing on the range of punishment a sentencing court may impose. Therefore, the trial court had no obligation to advise Slater of this consequence.


Headnotes

[1] A trial court is not obligated to inform a defendant of the collateral consequences of a guilty plea.

[2] The termination of parental rights is a collateral consequence of a plea to aggravated manslaughter of a child and aggravated child abuse.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“A trial judge's obligation to ensure that the defendant understands the direct consequences of his plea has been consistently interpreted to encompass only those consequences of the sentence that the trial court can impose.”

Establishes the legal standard for what trial courts must advise defendants about—only direct consequences within the court's sentencing authority

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Slater was charged with first-degree murder and aggravated child abuse of his twin sons. He entered pleas of no contest to aggravated manslaughter of …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
THOMPSON, J.

THOMPSON, J.

Ricky Slater appeals the denial of his motion for post-conviction relief. He argues on appeal that the trial judge should have set aside his pleas of no contest because the sentencing court and his attorney failed to advise him that as a result of his plea, his parental rights would be terminated. We affirm.

Slater was charged by indictment with first-degree murder and aggravated child abuse. The victims were his twin sons. Slater entered pleas of no contest to aggravated manslaughter of a child and aggravated child abuse in exchange for sentences of 15 years in the Department of Corrections and 15 years of probation, to be served consecutively. After he entered his plea, Slater appeared in court in connection with a petition to terminate his parental rights to the surviving son. After consulting with his attorney, Slater signed an agreement terminating his parental rights to the surviving son. The dependency court accepted the agreement, and the court terminated Slater’s parental rights. He argues on appeal that had he known his parental rights were going to be terminated, he would not have entered the no contest pleas. Further, he argues that the trial court should have advised him of the potential for termination of his parental rights because it was a direct rather than a collateral consequence of his plea.

A trial judge’s obligation to ensure that the defendant understands the direct consequences of his plea has been consistently interpreted to encompass only those consequences of the sentence that the trial court can impose. Major v. State, 814 So. 2d 424, 426 (Fla.2002) (quoting State v. Ginebra, 511 So. 2d 960, 961 (Fla. inform a defendant of the collateral consequences of a guilty plea. Id. (quoting Ginebra, 511 So. 2d at 960-961). “The distinction between ‘direct’ and ‘collateral’ consequences of a plea, while sometimes shaded in the relevant decisions, turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant’s punishment.” Id. at 429 (quoting Daniels v. State, 716 So. 2d 827, 828 (Fla. 4th DCA 1998)).

This issue has arisen in a variety of contexts. For example, it has been held that the sexual offender registration requirement is a collateral consequence of a plea to a sexual offense because the registration requirement has absolutely no effect on the range of the defendant’s punishment for the crime. State v. Partlow, 840 So. 2d 1040 (Fla.2003). Being required to report to the Florida Department of Law Enforcement as a felon is a collateral consequence. Cella v. State, 831 So. 2d 716 (Fla. 5th DCA 2002). That a conviction may be used to enhance a sentence for subsequently committed crimes is a collateral consequence. Major, 814 So. 2d 424. The possibility of civil commitment under the Jimmy Ryee Act is a collateral consequence because a civil commitment is not automatic upon a conviction. Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001). On the other hand, an automatic minimum mandatory sentence is a direct consequence. State v. Coban, 520 So. 2d 40 (Fla. 1988).1

Based on the above case law, we conclude that termination of parental rights is a collateral consequence of pleas of no contest to aggravated manslaughter of a child and aggravated child abuse. Termination of parental rights is not a direct or immediate consequence of such pleas and is not a punishment. It is not automatic, but instead entails the discretion of the Department of Children and Families. Further, termination of parental rights has no bearing on the range of punishment a sentencing court may impose. We add that in this case, it was Slater himself who, after conferring with counsel, entered a written agreement to surrender his parental rights.

AFFIRMED.

PETERSON and MONACO, JJ., concur. . There is conflict over whether driver's license revocation is collateral or direct. Compare State v. Bolware, 28 Fla. L. Weekly D2493, 2003 WL 22460271, - So. 2d - (Fla. 1st DCA 2003) (driver's license revocation is not a direct consequence because it is not a ''punishment'') (with Daniels, 716 So. 2d 827 (driver's license revocation is a direct consequence because, mandated by statute, it is a direct, immediate, and automatic penalty upon conviction)).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Purcell v. State, 273 So. 3d 1150 (Fla. 5th DCA 2019)
  • …ook does not allege that counsel gave him affirmative misadvice with respect to the matters raised in Ground Five. He only argues that counsel failed to advise him of all collateral consequences of the plea. (Doc. 1, pp. 21-23). See Slater v. State, 880 So. 2d 802 (Fla. 5th DCA 2004) (stating that termination of parental rights was a collateral consequence of entering a plea because it is not a direct or immediate consequence of a plea); see also § 39.801, Fla. Stat. and Fla. R. Juv. Proc. 8.500-8.535 (outlin…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw