BEN FOX
v.
STATE
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The Florida Supreme Court reversed a conviction based on a nolo contendere plea, finding that the trial court erred in denying the defendant's motion to withdraw the plea when it appeared the defendant did not understand its meaning and was not represented by counsel.
Yes, the trial court committed harmful error by denying the motion to vacate the judgment and withdraw the plea.
“To an information charging a felony, the accused, apparently without understanding its import, offered a plea of nolo contendere, upon which a judgment of conviction and sentence to the State Prison was rendered.”
Describes the initial circumstances of the plea and conviction.
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Join FLexlaw to unlock all legal intelligenceThe defendant pleaded nolo contendere to a felony charge without apparent understanding of the plea's meaning and without legal representation. He lat…
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To an information charging a felony, the accused, apparently without understanding its import, offered a plea of nolo contendere, upon which a judgment of conviction and sentence to the State Prison was rendered. It does not appear that the accused was represented by counsel when the plea was filed. A motion to vacate the judgment and for leave to withdraw the plea of nolo contendere was supported by an affidavit of the accused that he had “never heard before of the word nolo contendere and did not know or understand its meaning, but was under the impression and believed that when he entered a plea that he was entering a plea of not guilty and that he did not *105“intend to plead guilty,” but is innocent. The motion was denied. This was harmful error. Judgment reversed.
Davis, C. J., and Whitfield, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Peel v. State, 150 So. 2d 281 (Fla. 2d DCA 1963)…legal inference from the implied confession in the plea; but the court should adjudge that the defendant is convicted of the offense charged, and the sentence which follows should impose the penalty as provided by law. ‡ sfc Hí )} In Fox v. State, 112 Fla. 104, 150 So. 228, the defendant filed a plea of nolo con-tendere which he subsequently moved to withdraw. The motion to withdraw was denied, and an appeal was taken by the defendant. The Supreme Court, in its opinion, said: “To an information charging…1 / 2
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Jordan v. State, 107 So. 2d 56 (Fla. 2d DCA 1958)…and Asbey v. State, Fla. App., 102 So. 2d 407, where the defendant was not so questioned, which, together with other reasons, resulted in reversal. Where a defendant did not understand the meaning of the plea he entered, it was held in Fox v. State, 112 Fla. 104, 150 So. 228, to be harmful error to deny his motion to withdraw the plea. In Pope v. State, supra, it was said that the law favors trials on the merits and if the discretion of the trial court is abused in denying leave to withdraw a plea of guilt…
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Paul v. State, 73 So. 2d 677 (Fla. 1954)…633, 198 So. 220; Eckles v. State, 132 Fla. 526, 180 So. 764; Artigas v. State, 140 Fla. 671, 192 So. 795; Clay v. State, 82 Fla. 83, 89 So. 353; Corlise v. State, 94 Fla. 1192, 115 So. 528; Casey v. State, 116 Fla. 3, 156 So. 282; and Fox v. State, 112 Fla. 104, 150 So. 228.” The cause be and the same is hereby reversed, with directions to set aside the sentence and judgment of conviction and grant the motion to withdraw the plea of guilty and to file a plea of not guilty, and for further proceedings in a…
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