VINCENT MONGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A voluntary guilty plea waives non-jurisdictional defects, and the trial court did not abuse its discretion in refusing to allow withdrawal of the plea.
[1] A voluntary guilty plea waives all non-jurisdictional defects.
[2] A defendant may not withdraw a guilty plea based on an alleged broken promise during plea bargaining if the record does not demonstrate a misunderstanding of facts or fai…
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to aggravated assault and later sought to withdraw his plea, alleging a prosecutor made a false promise regarding sentencing …
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HENDRY, Judge.
Appellant, defendant in the trial court, seeks review of a judgment and sentence of three years in the state penitentiary for aggravated assault.
As two grounds for error in this appeal, appellant contends he was deprived of the right to take a discovery deposition of the state’s complaining witness, and he was deprived of a right to a speedy trial. Neither point is well taken.
Appellant pleaded guilty to the charge for which he was convicted. A guilty plea made voluntarily in a criminal case constitutes a waiver of all non-jurisdictional defects. Hield v. State, Fla.App. 1967, 201 So. 2d 235; Williams v. State, Fla.App.1972, 259 So. 2d 753; White v. State, Fla.App.1973, 273 So. 2d 782.
Appellant’s third point on appeal attacks the guilty plea itself, because appellant alleges that he was induced by the prosecutor during plea bargaining negotiations to withdraw his not guilty plea by a false promise on the part of the state attorney that he would recommend to the trial judge that appellant receive only, a two-month jail sentence.
Appellant filed with the trial court a motion to withdraw his guilty plea and to vacate his sentence, and a motion pursuant to CrPR 3.850, 33 F.S.A. The court denied both motions.
The record shows that the prosecuting attorney denied to the court any previous, agreement'respecting the precise terms of appellant’s sentence. The trial judge also stated he was never informed at the time he imposed sentence of a two-month term of sentence.
Appellant relies on Brown v. State, Fla. 1971, 245 So. 2d 41, as grounds for vacating his sentence and substituting a not guilty plea for his guilty plea. However, the record in this cause does not demonstrate that appellant’s guilty plea was caused by a misunderstanding of the facts or by a failure of communication as was present in Brown v. State. We do not feel the trial court abused his discretion by refusing to permit appellant to withdraw his guilty plea.
Therefore, for the reasons stated, the judgment and sentence appealed is affirmed.
Affirmed.
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Citator
Cited By
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Love v. State, 359 So. 2d 55 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed on the authority of Wilkinson v. State, 322 So. 2d 620 (Fla. 3d DCA 1975); Monge v. State, 286 So. 2d 34 (Fla. 3d DCA 1973); Bocchino v. Wainwright, 231 So. 2d 238 (Fla. 3d DCA 1970); Childs v. State, 190 So. 2d 605 (Fla. 3d DCA 1966); Gibson v. State, 173 So. 2d 766 (Fla. 3d DCA 1965). Douglas v. State, 326 So. 2d 33 (Fla. 1st DCA 1976). Dickenson v.…
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Varian v. Scott, 866 So. 2d 213 (Fla. 3d DCA 2004)…e speedy trial rule. We treat the appeal as a petition for writ of prohibition and deny it on the merits. The subsequent plea bargain entered into by defendant-appellant Scott waived his claim of a violation of the speedy trial rule. Monge v. State, 286 So. 2d 34 (Fla. 3d DCA 1973). We need not reach the alternative argument that defense counsel had obtained continuances which waived the speedy trial period in any event. Affirmed.…
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Micale v. State, 296 So. 2d 648 (Fla. 2d DCA 1974)…d. The law is clear that legal questions, except those relating to jurisdiction, cannot be preserved upon a guilty plea. State v. Ashby, Fla.1971, 245 So. 2d 225; Tillman v. State, Fla.App.2d, 1973, 287 So. 2d 693; Monge v. State, Fla.App. 3d, 1973, 286 So. 2d 34; Ward v. State, Fla.App. 1st, 1970, 236 So. 2d 187. HOBSON, Acting C. J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 245 So. 2d 41 (Fla. 1971)
- Hield v. State, 201 So. 2d 235 (Fla. 4th DCA 1967)
- Williams v. State, 259 So. 2d 753 (Fla. 1st DCA 1972)
- White v. State, 273 So. 2d 782 (Fla. 2d DCA 1973)
- Kirkland v. State, 273 So. 2d 782 (Fla. 1st DCA 1973)