PAUL CONRAD HAUG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2014-12-12
No. 1D14-2778
THOMAS, ROWE, and OSTERHAUS, JJ., concur.
151 So. 3d 560 Florida District Court of Appeal, First District (2014) Positive Treatment
Cited by 7 cases
Topics
Plea Colloquy Requirements Due Process

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Opinion of the Court
PER CURIAM.

*561PER CURIAM.

Appellant, Paul Conrad Haug, challenges his convictions and sentences, arguing that the trial court failed to conduct a plea colloquy prior to adjudicating him guilty and sentencing him for violating his probation. “Due process requires a court accepting a guilty plea to carefully inquire into the defendant’s understanding of the plea, so that the record contains an affirmative showing that the plea was intelligent and voluntary.” Koenig v. State, 597 So.2d 256, 258 (Fla.1992). As properly conceded by the State, the record reflects that Appellant was never sworn in, he never admitted to any of the'alleged violations of probation, and he was never informed of the consequences of his admission. Because the legal requirements of Florida Rules of Criminal Procedure 3.170(k) and 3.172(c) were not fulfilled, the trial court erred in entering the judgment and sentence for violation of probation. We, therefore, REVERSE and REMAND for further proceedings.

THOMAS, ROWE, and OSTERHAUS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Davis v. State, 187 So. 3d 1284 (Fla. 1st DCA 2016)
    …d sentencing him. But the State properly concedes, and the record reflects, that Mr. Davis made no admission, and was not informed of the consequences. The lower court thereby violated Florida Rules of Criminal Procedure 3.172(c). See Haug v. State, 151 So. 3d 560, 561 (Fla. 1st DCA 2014). Accordingly, we REVERSE and REMAND with instructions to conduct a plea colloquy before entering a judgment and sentence. WETHERELL, ROWE, and OSTERHAUS, JJ., concur.…
  • Peralta v. State, 197 So. 3d 654 (Fla. 1st DCA 2016)
    …tent with the state’s proper concession of error, the judgment and sentence in this matter is hereby VACATED, and the cause is REMANDED for further proceedings in accordance with Florida Rule of Criminal Procedure 3.172(c) (2005). See Haug v. State, 151 So. 3d 560 (Fla. 1st DCA 2014). BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.…
  • Anderson v. State, 211 So. 3d 374 (Fla. 1st DCA 2017)
    …cedes that by failing to conduct an appropriate plea colloquy before revoking appellant’s probation and sentencing him, the trial court reversibly erred and violated the requirements of Florida Rule of Criminal Procedure 3.172(c). See Haug v. State, 151 So. 3d 560 (Fla. 1st DCA 2014). Accordingly, we REVERSE the orders revoking probation and the judgments and sentences entered thereon, and REMAND for further proceedings. WOLF, LEWIS, and WETHERELL, JJ., CONCUR.…

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