JAMES LAWRENCE THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a nolo contendere conviction because the trial court failed to conduct an adequate plea colloquy demonstrating the defendant's plea was voluntary under Rule 3.170(a), F.R.Cr.P.
A trial court must conduct a sufficient plea colloquy that affirmatively demonstrates a defendant's nolo contendere plea was voluntarily made, not merely infer voluntariness from the record.
[1] A trial court's acceptance of a nolo contendere plea must be supported by a plea colloquy that affirmatively demonstrates the defendant's plea was voluntarily made, not m…
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Join FLexlaw to unlock all legal intelligenceDefendant Thomas entered a nolo contendere plea to a lesser included offense as a result of plea bargaining. The trial court conducted a brief colloqu…
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Defendant alleges that the trial court erred in accepting his plea of nolo con-tendere without first determining whether such plea was voluntarily made.1 Although it might be inferred from the record that defendant’s plea of nolo con-tendere to a lesser included offense as a result of plea bargaining was freely and voluntarily made, the plea colloquy when viewed under the requirements of our plea rule does not demonstrate that defendant’s plea was voluntary. See Rule 3.170(a), F.R.Cr.P.2 See also Costello v. State, Fla.1972, 260 So.2d 198; Russell v. State, Fla.App.1970, 233 So.2d 148; McPherson v. State, Fla.App.1970, 237 So.2d 18. Cf. Kelly v. State, Fla.App.1971, 254 So.2d 22.
The judgment appealed from is reversed with directions to set aside the plea of nolo contendere as entered with the entry of a new plea and further proceedings in accordance therewith.
Reversed.
REED, C. J., and OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wooff v. State, 303 So. 2d 49 (Fla. 2d DCA 1974)…e voluntarily made free from any threat, intimidation, coercion, promise or inducement of any kind, and with full understanding of the significance of the pleas. Rentfrow v. State, Fla.App.4th 1974, 293 So. 2d 376; Thomas v. State, Fla.App.4th 1973, 273 So. 2d 773; Russell v. State, Fla.App.4th 1970, 233 So. 2d 148. The judgment and sentence are reversed and the cause remanded to the trial court with directions to set aside the pleas of nolo contendere and to permit Wooff to plead anew on both charges. Reve…
Authorities Cited
- Costello v. State, 260 So. 2d 198 (Fla. 1972)
- Williams v. State, 254 So. 2d 22 (Fla. 3d DCA 1971)
- McPHERSON v. State, 237 So. 2d 18 (Fla. 1st DCA 1970)
- Stroman Russell v. State, 233 So. 2d 148 (Fla. 4th DCA 1970)