CHARLES E. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Hall appealed the denial of his motion to vacate a judgment based on his nolo contendere plea. The court affirmed, holding that under Boykin v. Alabama, a guilty plea need only be shown in the record to be voluntary, knowing, and understanding—without requiring explicit enumeration and waiver of specific constitutional rights.
The court held that Boykin v. Alabama requires only an affirmative record showing that a plea is entered voluntarily, intelligently, and understandingly. Boykin does not require the record to demonstrate a specific enumeration and waiver of federal constitutional rights for a plea to be valid.
[1] A guilty plea is invalidated by the want of an affirmative record showing that the plea was entered voluntarily, intelligently, and understandingly.
[2] The record need not demonstrate a specific enumeration and waiver of federal constitutional rights for a plea to be considered voluntary.
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Join FLexlaw to unlock all legal intelligence“simply requires an affirmative record showing that a guilty plea is entered voluntarily, intelligently, and understandingly, and holds the want of such a record invalidates the plea entered”
Describes the court's interpretation of Boykin v. Alabama's requirements for valid guilty pleas
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Join FLexlaw to unlock all legal intelligenceHall entered a nolo contendere plea. The trial court conducted an inquiry into the plea. The record demonstrated that Hall's plea was knowingly and un…
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This is an appeal from a denial without evidentiary hearing of defendant’s motion to vacate judgment pursuant to Rule 3.850, F.Cr.R., 33 F.S.A.
We have reviewed the defendant’s contentions in light of the prior decisions rendered by our courts and in light of Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. We are of the opinion that appellant has failed to demonstrate reversible error. See Gibson v. State, Fla.App.1968, 213 So.2d 8; Brumley v. State, Fla.App.1969, 224 So.2d 447; State v. Barton, Fla.1967, 194 So.2d 241; Jernigan v. State, Fla.App.1968, 214 So.2d 66, cert. dism’d 228 So.2d 273, cert. den. 397 U.S. 1029, 90 S.Ct. 1279, 25 L.Ed.2d 541; Steinhauser v. State, Fla.App.1969, 228 So.2d 446; O’Fallon v. State, Fla.App.1970, 239 So.2d 872; Kelly v. State, Fla.App.1971, 254 So.2d 22; People v. Sepulvado, 1970, 27 Mich.App. 66, 183 N.W.2d 327; Dill v. State, Fla.App.1971, 248 So.2d 502. Compare with Clark v. State, Fla.App.1972, 256 So.2d 551; Young v. State, Fla.App.1970, 233 So.2d 178; Johnson v. Wainwright, Fla.1970, 238 So.2d 590.
A reading of Boykin v. Alabama, supra, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, indicates that that decision “simply requires an affirmative record showing that a guilty plea is entered voluntarily, intelligently, and understandingly, and holds the want of such a record invalidates the plea entered. . . .” See Johnson v. Wainwright, supra, Justice Ervin dissenting. Our reading of Boykin does not indicate the necessity of having the record demonstrate a specific enumeration and waiver of federal constitutional rights in order for a plea to have been voluntarily made.1 Kelly v. State, supra. In this connection we adopt the ruling and reasoning set forth by the Michigan Court of Appeals in Peo-pie v. Sepulvado, supra. See also Dill v. State, supra.
In the case sub judice the record affirmatively shows that the trial court conducted an inquiry into defendant’s plea of nolo contendere and that such inquiry as demonstrated from the record reflects that defendant’s plea was knowingly and understandingly made and was free from any threat, intimidation, coercion, promise or inducement of any kind. See Clark v. State, supra.
The requirement of Boykin having been satisfied and otherwise finding no reversible error, the judgment of the lower court is affirmed.
Affirmed.
WALDEN, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (14 total)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)
- Williams v. State, 254 So. 2d 22 (Fla. 3d DCA 1971)
- State v. Barton, 194 So. 2d 241 (Fla. 1967)
- Veenkant v. Commissioner of Internal Revenue, 397 U.S. 1029 (U.S. 1970)
- Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
- Johnson v. Louie L. Wainwright, 238 So. 2d 590 (Fla. 1970)
- Clark v. State, 256 So. 2d 551 (Fla. 4th DCA 1972)
- Wilkin Leroy Gibson v. State, 213 So. 2d 8 (Fla. 4th DCA 1968)
- O'Fallon v. State, 239 So. 2d 872 (Fla. 2d DCA 1970)