DAVID EDWARDS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for lewd and lascivious assault. The defendant's guilty plea was deemed voluntary, and the court rejected his challenge to the constitutionality of the Child Molester Act.
Yes, the guilty plea was voluntary. Yes, the Child Molester Act is constitutional.
“The record discloses that the trial judge, with admirable restraint and patience, fully interrogated the defendant to make certain that his plea of guilty was made voluntarily and with a clear understanding of its consequences and the nature of the possible penalty to be imposed, and there is nothing in the record to indicate that the guilty plea was induced by any promise, threat, coercion or compulsion which would in any manner deprive it of the character of a voluntary act.”
Establishes the trial court's thoroughness in ensuring the guilty plea was voluntary.
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Join FLexlaw to unlock all legal intelligenceThe appellant pleaded guilty to lewd and lascivious assault upon a minor and was sentenced under the Child Molester Act. He appealed, questioning the …
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Appellant was charged with lewd and lascivious assault upon a minor under the age of 14 years. He entered a plea of guilty and on such plea was adjudged guilty and sentenced to 25 years under the Child Molester Act, Chapter 801, F.S.1967, F.S.A. On this appeal he questions the voluntariness of the plea of guilty and for the first time questions the constitutionality of the Child Molester Act.
The record discloses that the trial judge, with admirable restraint and patience, fully interrogated the defendant to make certain that his plea of guilty was made voluntarily and with a clear understanding of its consequences and the nature of the possible penalty to be imposed, and there is nothing in the record to indicate that the guilty plea was induced by any promise, threat, coercion or compulsion which would in any manner deprive it of the character of a voluntary act. Machibroda v. United States, 1962, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473; Brown v. State, 1926, 92 Fla. 592, 109 So. 627; Clay v. State, 1921, 82 Fla. 83, 89 So. 353; Lee v. State, Fla.App.1967, 204 So.2d 245.
*447The grounds upon which appellant seeks to have the act declared unconstitutional have been decided adversely to appellant’s position in the cases of McKee v. State, Fla.1967, 203 So.2d 321; Newsome v. State, Fla.App.1968, 215 So.2d 29; Buchanan v. State, Fla.App.1959, 111 So.2d 51.
The judgment and sentence are severally affirmed.
WALDEN, C. J., and CROSS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garcia v. State, 228 So. 2d 300 (Fla. 3d DCA 1969)…ed inquiry as to voluntariness of the plea as disclosed in the opinion, compared to the extensive and thorough inquiry regarding the matter of voluntariness which was made in the trial court in the present case. See Edwards v. State, Fla.App.1969, 221 So. 2d 446. By his motion for relief the defendant attempts now to repudiate and avoid the effect of his statements to the court made under oath as to the voluntariness of his guilty plea, and the statements and representations made to the court on that occas…
Authorities Cited
- MacHibroda v. United States, 368 U.S. 487 (U.S. 1962)
- Brown v. State, 92 Fla. 592 (Fla. 1926)
- Clay v. State, 82 Fla. 83 (Fla. 1921)
- Buchanan v. State of Fla. & Nathan Mayo, 111 So. 2d 51 (Fla. 1st DCA 1959)
- LEE v. State, 204 So. 2d 245 (Fla. 4th DCA 1967)
- McKEE v. State, 203 So. 2d 321 (Fla. 1967)
- Newsome v. State, 215 So. 2d 29 (Fla. 4th DCA 1968)