RONNIE EVERETT URQURHART GRANT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed whether a trial judge properly established a factual basis for a guilty plea to manslaughter under Criminal Procedure Rule 3.170(j). The Court affirmed the plea, holding that while a factual basis determination is required, the negotiated nature of the plea and the defendant's voluntary, informed waiver of rights satisfied constitutional and procedural requirements.
The trial judge's failure to explicitly establish a factual basis for the guilty plea does not require reversal when the plea is negotiated, the defendant voluntarily entered the plea with full understanding of its consequences, and there is no showing of prejudice or manifest injustice to the defendant.
[1] A negotiated guilty plea is a factor to be considered but is not controlling in determining the validity of the plea.
[2] A defendant's voluntary written waiver of trial and request to plead guilty to a lesser offense, after being fully advised of the charges and consequences, can satisfy th…
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Join FLexlaw to unlock all legal intelligence“At issue is the failure of the trial judge to properly determine a factual basis for the guilty plea, as required in Rule of Criminal Procedure 3.170(j).”
Identifies the central legal issue being reviewed regarding procedural compliance with guilty plea requirements.
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Join FLexlaw to unlock all legal intelligenceRonnie Everett Urqurhart Grant was charged with second degree murder. Through plea negotiations, he agreed to plead guilty to the lesser offense of ma…
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OVERTON, Justice. This cause is before us on petition for writ of certiorari to review the decision of the Second District Court of Appeal reported at 303 So. 2d 425 (Fla.App.2d 1974).
The decision sought to be reviewed conflicts with Lyles v. State, 299 So. 2d 146 (Fla.App.1st 1974).
At issue is the failure of the trial judge to properly determine a factual basis for the guilty plea, as required in Rule of Criminal Procedure 3.170(j).
The Second District certified, as being of great public interest, the same question as is set forth in Williams v. State, 316 So. 2d 267 (Fla.1975), and Hall v. State, 316 So. 2d 279 (Fla.1975).
We have jurisdiction under Article V, Section 3(b)(3), Florida Constitution. This was a negotiated plea. The defendant ,was charged with second degree murder and, as a result of negotiations, entered a plea of guilty to manslaughter and was sentenced to 15 years imprisonment. The record establishes that the plea was voluntarily made with a full understanding of the consequences.1 The fact that this is a negotiated plea is a factor to be considered, but it is not controlling. There is no showing of any kind of prejudice or manifest injustice by the defendant, and Williams v. State, supra, is therefore controlling. The decision of the District Court is affirmed.
It is so ordered. ADKINS, C. J., ROBERTS and ENGLAND, JJ., and CARLISLE, Circuit Judge, concur. . The defendant, in addition to appearing personally before the trial judge, issued a written request for a waiver of trial and to enter a plea of guilty to the lesser offense of manslaughter. The written request is as follows: “Waiver of Trial “I, the defendant herein, having been advised of the nature of the charge (s) pending against me, to wit: Murder in the Second Degree 782.04(2), the maximum sentence therefor Life D.O.O. a/o 10,000 and the lesser included crimes within such charge (s), the range of allowable punishments thereunder, possible defenses to the charges, circumstances that might tend to reduce the punishment thereof, and all other facts essential to a broad understanding of the charges against me, do hereby freely and voluntarily waive and relinquish my rights:
1. To a trial by jury or trial before the Court
2. The right to confront my accusers
3. The right against compulsory self-incrimination
and expressly request the Public Defender or the Assistant Public Defender to enter a plea of guilty in my behalf to the charge of: Manslaughter 782.07 F2° Max. Penalty 15 yrs. a/o 10,000. /s/ Ronnie Everett Urqurhart Grant Defendant Dated: 6-16-74”
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Contractors & Builders Ass'n OF Pinellas Cnty. v. City OF Dunedin, 329 So. 2d 314 (Fla. 1976)…10, 1975, certified that its decision passed upon a question of great public interest. As is customary in cases where such certificates have been entered, we exercise our discretion to review on its merits the decision below. E. g., Grant v. State, 316 So. 2d 282 (Fla.1975); Winston v. State, 308 So. 2d 40 (Fla.1974) (reh. den. 1975). See Fla.Const. art. V, § 3(b) (3). Plaintiffs in the trial court, petitioners here, are building contractors, an incorporated association of contractors, and owners of land si…
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State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)…ms v. State, 316 So. 2d at 272. However, even though a trial court fails to properly determine a factual basis for a guilty plea, the plea will not be set aside after its acceptance absent a showing of prejudice or maniest injustice. Grant v. State, 316 So. 2d 282, 283 (Fla.1975); Suarez v. State, 616 So. 2d 1067, [*1328] 1068-69 (Fla. 3d DCA 1993); Gore v. State, 552 So. 2d 1185, 1186 (Fla. 5th DCA 1989); see also Williams v. State, 316 So. 2d at 274. In this case, the defendant does not contend that he was…
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Suarez v. State, 616 So. 2d 1067 (Fla. 3d DCA 1993)…ctual basis for a plea. Williams v. State, 316 So. 2d 267 (Fla.1975). In order to withdraw a guilty plea after sentence for lack of a factual basis, a defendant must show prejudice or manifest injustice. Williams, 316 So. 2d at 275; Grant v. State, 316 So. 2d 282 (Fla.1975). In applying Williams to this case, we conclude that the record shows no manifest injustice. Indeed, in addition to the factual basis stipulation, the record reflects a sufficient factual basis in the arrest affidavit. In accordance with…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Foy B. Hall v. State, 316 So. 2d 279 (Fla. 1975)
- Lyles v. State, 299 So. 2d 146 (Fla. 1st DCA 1974)
- Grant v. State, 303 So. 2d 425 (Fla. 2d DCA 1974)