TONY COLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that adjudicating a defendant guilty on a count to which no plea was entered constitutes fundamental error.
Appellant was convicted of driving while license revoked (Count I) and driving without a valid license (Count II). The record indicated a plea was onl…
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.
Explore caselaw by topic → Browse Fundamental Error cases and more on FLexlaw
PER CURIAM.
Appellant, Tony Cole, appeals his convictions for driving while license revoked (Count I) and driving without a valid driver’s license (Count II). We affirm his conviction and sentence on Count I. However, we reverse his conviction and sentence on Count II because a review of the record reveals that Cole never entered a plea to that count.
The record reveals that Cole entered a plea to Count I only. However, the trial court adjudicated him guilty as to both Counts I and II. 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 on Count II. His conviction and sentence on Count I is affirmed.
Affirmed in Part, Reversed in Part.
GUNTHER, POLEN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brown v. State, 960 So. 2d 905 (Fla. 2d DCA 2007)…tered a plea of nolo contendere only to the charge of second-degree murder. The judgment includes an adjudication for an offense to which she did not plead. This was fundamental reversible error to which no objection was required. See Cole v. State, 924 So. 2d 962, 963 (Fla. 4th DCA 2006).2 [*906] Accordingly, we reverse the adjudication for home invasion robbery and remand for the trial court to enter an amended judgment in accordance with the dictates of this opinion. The adjudication and sentence for secon…
-
Walker v. State, 207 So. 3d 254 (Fla. 5th DCA 2016)…al number, possession of less than twenty grams of cannabis, and possession of paraphernalia. Because our review of the record reveals that Walker never entered a plea to the charges, we reverse 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…
Authorities Cited
- Johnson v. State, 710 So. 2d 715 (Fla. 1st DCA 1998)