WALTER BERRY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Walter Berry Thomas pleaded guilty to an escape charge and others after being represented by a public defender. Seventeen months later, he moved to vacate his judgment claiming he was not advised of his right to trial by jury. The Florida District Court of Appeal affirmed the lower court's denial of his motion, holding that a voluntary guilty plea waives non-jurisdictional defects including the right to jury trial.
A voluntary guilty plea waives all non-jurisdictional defects, including the right to jury trial. The record conclusively established that Thomas freely and voluntarily entered his guilty plea with full knowledge and understanding of its effect and consequences, thereby waiving his right to jury trial.
“A voluntary plea of guilty in a criminal case waives any defects not jurisdictional.”
Establishes the foundational legal principle governing the case that a knowing and voluntary guilty plea waives non-jurisdictional defects including jury trial rights.
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Join FLexlaw to unlock all legal intelligenceThomas, age 25 with eleventh-grade education, was represented by the public defender. He initially entered pleas of not guilty to an escape charge and…
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Walter Berry Thomas, represented below by the public defender, entered pleas of not guilty to an escape charge and to two other charges. At a subsequent proceeding, at which he was again represented by the public defender, he withdrew those pleas and entered pleas of guilty. He was then adjudged guilty and sentenced to a ten-year term on the escape charge, to run concurrently with the sentences on the other two charges. Some seventeen months later he filed a motion pursuant to Criminal Procedure Rule One, F.S.A. ch. 924 Appendix to vacate the judgment and sentence entered on the escape 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 appellant’s behalf, the court questioned appellant as follows:
“Q. How old are you?
“A. Twentytfive.
“Q. How much education have you had?
“A. Eleventh grade.
* * * * * *
“Q. Are you represented by Mr. Robert Pierce, the Public Defender?
“A. Yes sir.
“Q. Did you hear him plead guilty for you in each of those cases with your prior knowledge, understanding and approval ?
“A. Yes sir.
“Q. Did you enter your plea of guilty voluntarily ?
“A. Yes sir.
“Q. Did anybody threaten you in any way to force you to plead guilty?
“A. No sir.
“Q. Did anybody promise you any special consideration to induce you to plead guilty ?
“A. No sir.
“Q. Did you understand the significance of a plea of guilty and the possible consequences of a plea of guilty ?
“A. Yes sir.
“Q. Did you understand you could be sentenced to prison on your plea of guilty ?
“A. Yes sir.
“Q. Have you had an opportunity to talk with Mr. Pierce about your cases?
“A. I have, sir.
“Q. Are you satisfied with the legal service, advice and counsel that he has given you in this connection?
“A. Yes sir.”
*836It conclusively appears that appellant freely and voluntarily entered his plea of guilty to the escape charge with all knowledge and understanding of its effect and possible consequences. In doing so, he waived his right to a jury trial. Smith v. State, Fla. App., 168 So.2d 585, 586, cert. dismissed mem., Fla.1964, 168 So.2d 146. The court below correctly denied his motion to vacate judgment and sentence.
Affirmed.
LILES, C. J., and SHANNON and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)…he nature of a judicial confession, and not upon any evidentiary matters extrinsically appearing and going behind such plea. See, e.g., Streets v. Wainwright (C.C.A.5th 1968), 402 F. 2d 87; Manning v. State, supra; Thomas v. State (Fla.App.2d 1967), 201 So. 2d 834 and Hield v. State (Fla.App.4th 1967), 201 So. 2d 235. The summary denial of defendant’s motion was proper. Accordingly, the order appealed from be, and the same is hereby Affirmed. HOBSON, C. J., and PIERCE, J., concur.…
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Manning v. State, 203 So. 2d 360 (Fla. 2d DCA 1967)…r trial and promise of a lighter sentence by his court-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 i…
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Williams v. State, 259 So. 2d 753 (Fla. 1st DCA 1972)…and reversed in part. CARROLL, DONALD K., Acting C. J., and JOHNSON, J., concur. . Williams v. State, 245 So. 2d 267 (1 Fla.App.1971),. . Pursuant to the provisions of Rule 1.170, Florida Rules of Criminal Procedure, 33 F.S.A. . Thomas v. State, 201 So. 2d 834 (2 Fla. App.1967). . Cf. Laws v. State, 235 So. 2d 754 (4 Fla. App.1970). . Lockhart v. State, 274 N.E.24 523 (Ind. 1971); and Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747, (1970). . Beaty v. Neil, 467 S.W. 2d 844 (Tenn.Ct.…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gibson v. State, 173 So. 2d 766 (Fla. 3d DCA 1965)
- Childs v. State, 190 So. 2d 605 (Fla. 3d DCA 1966)
- Hines v. State, 195 So. 2d 605 (Fla. 2d DCA 1967)
- Smith v. State, 168 So. 2d 585 (Fla. 3d DCA 1964)
- Williams v. State, 177 So. 2d 736 (Fla. 1st DCA 1965)
- Weinfeld v. Fla. Indus. Comm'n, 168 So. 2d 146 (Fla. 1964)
- Leverette v. Carter, 168 So. 2d 146 (Fla. 1964)