SAMUEL THEODORE BOYETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL THEODORE BOYETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
311 So. 2d 786
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the briefs and record on appeal and having heard oral argument we are of the view that the failure to ascertain a factual basis for defendant’s plea of guilty is not reversible error particularly where, as here, the defendant alleged no prejudice for failure to follow Rule 3.170(j), FRCrP. Accordingly, we affirm upon the authority of Estes v. State, Fla.App.1974, 294 So. 2d 122; Hall v. State, Fla.App.1974, 303 So. 2d 417; but see Lyles v. State, Fla.App. 1974, 299 So. 2d 146.
Affirmed.
WALDEN and MAGER, JJ., and MOE, LEROY H., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Willis v. State, 312 So. 2d 522 (Fla. 4th DCA 1975)…as a factual basis, Rule 3.170(j), Fla.R. Cr.P. We hold there was no reversible error inasmuch as this was a negotiated plea and there was no prejudice alleged. Accordingly, we affirm on the bases of Boyette v. State, Fourth District Court of Appeal 311 So. 2d 786, opinion filed May 2, 1975; Hall v. State, 303 So. 2d 417 (2d DCA Fla. 1974). WALDEN, CROSS and MAGER, JJ., concur.…
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Boyette v. State, 319 So. 2d 30 (Fla. 1975)…Certiorari denied. 311 So. 2d 786. ADKINS, C. J., and ROBERTS, OVERTON and SUNDBERG, JJ., concur. BOYD, J, dissents.…
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Deryl M. Abercrombie v. State, 311 So. 2d 785 (Fla. 4th DCA 1975)…[*786] PER CURIAM. Upon consideration of the briefs and record on appeal we are of the opinion that no reversible error has been demonstrated. The judgment and conviction, therefore, should be affirmed. See Boyette v. State, 311 So. 2d 786, Fourth District Court of Appeal Case No. 74-445 opinion filed May 2, 1975. Affirmed. WALDEN, CROSS and MAGER, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Estes v. State, 294 So. 2d 122 (Fla. 1st DCA 1974)
- Lyles v. State, 299 So. 2d 146 (Fla. 1st DCA 1974)
- Jensen v. Kaplan, 303 So. 2d 417 (Fla. 3d DCA 1974)