NELSON F. LAIRD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1973-07-17
No. S-63
JOHNSON, Acting C. J., SPECTOR, J., and MELVIN, WOODROW M., Associate Judge, concur.
280 So. 2d 454 Florida District Court of Appeal, First District (1973) Positive Treatment
Cited by 2 cases
Topics
Plea Bargaining Fifth Amendment

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747, wherein the court states:

“ . . . We decline to hold, however, that a guilty plea is compelled and invalid under the Fifth Amendment whenever motivated by the defendant’s desire to accept the certainty or probability of a lesser penalty rather than face a wider range of possibilities extending from acquittal to conviction and a higher penalty authorized by law for the crime charged.”

To like effect, see also North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed. 2d 162.

JOHNSON, Acting C. J., SPECTOR, J., and MELVIN, WOODROW M., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bright v. State, 317 So. 2d 864 (Fla. 4th DCA 1975)
    …not to gamble on proving her innocence. This she had a right to do. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); Laird v. State, Fla.App.1973, 280 So. 2d 454; Scarborough v. State, Fla.App.1973, 278 So. 2d 657. The real problem in this case is that the trial judge did not comply with Rule 3.170(j) RCrP; he did not determine that there was a factual basis for the plea of guilty. However, based upon the f…
  • Theotis Hunt v. State, 306 So. 2d 180 (Fla. 2d DCA 1975)
    …lity of a lesser penalty, rather than face a wide range of possibilities extending from acquittal to conviction and possibly a higher penalty. See Brady v. United States, supra; North Carolina v. Alford, supra, and Laird v. State, Fla.App.1st, 1973, 280 So. 2d 454. Upon consideration of the complete record, briefs and argument of counsel, we find that the ruling of the trial judge was proper and, therefore, we do not disturb it. We have examined the other point raised on appeal by appellant and find it to be…

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