ROBERT LEE HINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Lee Hines appealed the denial of his motion to vacate a conviction and sentence following his guilty plea to robbery. The court affirmed the lower court's denial, holding that his voluntary guilty plea waived any non-jurisdictional defects he later sought to challenge.
A voluntary plea of guilty waives any non-jurisdictional defects in a criminal case. Because Hines entered his guilty plea voluntarily with counsel's advice and after full explanation of its consequences, his subsequent assignments of error were insufficient to sustain a collateral attack on the judgment and sentence.
“A voluntary plea of guilty waives any defects not jurisdictional in a criminal case.”
This establishes the fundamental legal principle that governs the court's ruling that Hines' post-plea challenges to search, arrest, and confession are barred.
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Join FLexlaw to unlock all legal intelligenceHines and three co-defendants were charged with robbery on January 4, 1966. After initially pleading not guilty through the Public Defender on January…
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On January 4, 1966, the appellant, Robert Lee Hines, and co-defendants, Henry-Frank Lane, Vestro Rhone and John M. Smith, were informed against for the crime-of robbery. The office of the Public Defender was initially appointed to represent all of the defendants and at their arraignment on January 20, 1966 each defendant entered a plea of not guilty. On January 26, 1966, the office of the State Attorney received a letter from the appellant stating in effect that while appellant had wanted to-plead guilty to the crime of robbery, the-Public Defender had entered a plea of not guilty and appellant therefore requested1 *606that a plea of guilty be entered in his be'half. Thereafter on February 11, 1966, a hearing was held before the trial judge, wherein appellant was represented by the Public Defender, Robert Jagger. Only after a detailed explanation of the effects of appellant’s plea of guilty were stated by the court and appellant’s attorney . questioned as to whether he had thoroughly •counseled and advised appellant concerning his change of plea, was the above described letter received into evidence and appellant’s plea accepted. On March 24, 1966, appellant was sentenced to a term of :six months to fifteen years.
Thereafter the appellant filed a “motion mnder Escobedo ruling to have sentence •set aside,” which motion was treated as a -petition to vacate judgment and sentence pursuant to Criminal Procedure Rule #1, F.S.A. ch. 924 Appendix. On May 31, 1966, .appellant’s motion was denied without a hearing. The appellant filed his notice of .appeal in proper person and thereafter the •office of the Public Defender was appointed to assist the appellant in the prosecution of this appeal.
Appellant in his assignment of •errors alleges that he made an oral and •signed confession out of a fear of his past record, that the arresting officers illegally searched his house and that he was arrested without a warrant. In consideration of the record on appeal, particularly appellant’s plea of guilty at his own insistence when represented by counsel, the assignments of error alleged herein are both illogical and inconsistent. It is clear from :an examination of the record that appellant’s assignment of errors are insufficient to sustain a collateral attack on the judgment and sentence. As was stated in Childs v. State, Fla.App.1966, 190 So.2d 605, at 606:
“A voluntary plea of guilty waives any defects not jurisdictional in a criminal case.”
Therefore, appellant is entitled to no relief and the lower court was correct in denying appellant’s motion.
Affirmed.
ALLEN, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 201 So. 2d 834 (Fla. 2d DCA 1967)…e charge, on the ground that he had not been advised of his right to trial by jury. He now appeals from the order denying his motion. A voluntary plea of guilty in a criminal case waives any defects not jurisdictional. Hines v. State, Fla.App. 1967, 195 So. 2d 605, 606; Childs v. State, Fla. App. 1966, 190 So. 2d 605, 606; Williams v. State, Fla.App.1965, 177 So. 2d 736, 738; Gibson v. State, Fla.App.1965, 173 So. 2d 766, 768. The record shows that after the public defender entered the pleas of guilty in appe…
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Manning v. State, 203 So. 2d 360 (Fla. 2d DCA 1967)…urt-appointed counsel inducing him to plead guilty. It is very well established that a voluntary plea of guilty waives all defects not jurisdictional or fundamental. Thomas v. State, Fla.App. 1967, 201 So. 2d 834, 835; Hines v. State, Fla.App.1967, 195 So. 2d 605, 606; Childs v. State, Fla.App.1966, 190 So. 2d 605, 606. The fact that a plea of guilty is entered because of the defense [*361] attorney’s promise of a lighter sentence does not render such plea involuntary. Baker v. State, Fla.App.1966, 188 So. 2…
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Echols v. State, 201 So. 2d 89 (Fla. 2d DCA 1967)…oked these facets of defendant’s motion and argument, but these are not matters to be considered under a Rule 1 Petition, which we deem defendant’s motion to be. Mason v. State, 167 So. 2d 618; Williams v. State, supra; Hines v. State, Fla.App.1967, 195 So. 2d 605. Finding no error, the judgment and conviction are affirmed. PIERCE, Acting C. J., and HOBSON', J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Childs v. State, 190 So. 2d 605 (Fla. 3d DCA 1966)