BRANDON PURVIS DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Brandon Purvis Davis, Appellant, challenges the lower court’s judgment revoking his probation and sentencing him to 36 months in prison. He argues that the trial court erred by adjudicating him guilty without a plea colloquy.
“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). All parties believed that Mr. Davis had admitted to violating his probation in open court. The trial court, as a result, skipped the plea colloquy before revoking his probation and 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Amos Donald Boyd v. State, 252 So. 3d 1288 (Fla. 1st DCA 2018)…though he had not entered a plea. A trial court is required to inquire into a defendant’s understanding of a plea so that the record contains information showing the defendant entered into the plea intelligently and voluntarily. Davis v. State, 187 So. 3d 1284 (Fla. 1st DCA 2016). Here, the record shows the trial court conducted part of a plea colloquy but then abandoned it because appellant was not aware of the mandatory minimum sentence he was facing. In fact, the trial court stated on the record th…
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Colley v. State (Fla. 1st DCA 2020)…the consequences of an admission or the right to a hearing and it shall afford him an opportunity to be heard.” Johnson v. State, 107 So. 3d 1153, 1154 (Fla. 1st DCA 2013); Donaldson v. State, 219 So. 3d 996 (Fla. 1st DCA 2017); cf. Davis v. State, 187 So. 3d 1284 (Fla. 1st DCA 2016) (reversing because of a deficient guilty-plea colloquy under rule 3.172(c), as well as a deficient VOP-admission colloquy); Haug v. State, 151 So. 3d 560, 561 (Fla. 1st DCA 2014) (same). In this case, because the transcript indic…
Authorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- Haug v. State, 151 So. 3d 560 (Fla. 1st DCA 2014)