FRANKLIN BAXLEY, APPELLANT (DEFENDANT),
v.
STATE OF FLORIDA, APPELLEE (STATE)
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The court held that the trial court's errors in referring to a no contest plea as a guilty plea and entering a guilty plea judgment were correctable clerical errors, not fundamental errors.
Baxley pled no contest to one count of robbery, but the trial court repeatedly referred to it as a guilty plea and entered a guilty plea judgment. Bax…
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MILLS, Judge.
Baxley was charged by information with two counts of robbery. He pled no contest to the first count, and the second count was dismissed. Throughout the arraignment, the trial court referred to Baxley’s plea of no contest as a plea of guilty. In its judgment and sentence, the trial court adjudicated Baxley guilty on a plea of guilty to the second count of robbery. Baxley contends the trial court erred. We agree.
In addition, Baxley urges that the trial court erred in failing to fully determine a factual basis on his plea of no contest. We disagree.
The trial court’s reference to Bax-ley’s plea of no contest as a plea of guilty was a slip of the tongue. The finding of guilt on a plea of guilty to the second count of robbery was a slip of the pen. Both errors were made while counsel stood by and failed to direct the trial court’s attention to the errors. The errors are not fundamental not prejudicial. They may be corrected so that they speak the truth.
The determination of a factual basis for a plea of no contest is not required. Tucker v. State, 316 So. 2d 297, opinion filed June 30, 1975 (Fla.App. 1st).
Remanded to correct the record as stated above; otherwise, affirmed.
BOYER, C. J., and McCORD, J., concur.
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Lenson Hargrave v. State, 366 So. 2d 1 (Fla. 1978)…. 1st DCA 1974); Nordone v. State, 307 So. 2d 907 (Fla. 3rd DCA 1975); Lopes v. State, 309 So. 2d 591 (Fla. 2nd DCA 1975); Buckles v. State, 310 So. 2d 748 (Fla. 1st DCA 1975); Grubbs v. State, 311 So. 2d 411 (Fla. 2nd DCA 1975); Davenport v. State, 317 So. 2d 851 (Fla. 1st DCA 1975); Beverly v. State, 330 So. 2d 527 (Fla. 1st DCA 1976). The record shows that appellant had no prior felony convictions. He was thus entitled to the benefit of a presentence investigation. Relying on Thompson v. State, supra, the…
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DeOCA v. State, 326 So. 2d 453 (Fla. 4th DCA 1976)…in part, that no sentence shall be imposed upon a defendant found guilty of a first felony offense until a pre-sentence investigation and recommendation has been received and considered by the sentencing judge. Davenport v. State, Fla.App.1st, 1975, 317 So. 2d 851; Buckles v. State, Fla.App.1st, 1975, 310 So. 2d 748. Since the error was a defect in sentencing the judgment is affirmed, the sentence vacated and the cause is remanded with directions to conduct a pre-sen-tence investigation pursuant to Rule 3.710…
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Gerardo v. State, 383 So. 2d 1122 (Fla. 2d DCA 1980)…by striking it from the order. The order would then reflect fifteen years for manslaughter. Thus, in Poff, there was no increase in the sentence, only a correction of a clerical error in the designation of the offense. Similarly, in Baxley v. State, 317 So. 2d 851 (Fla. 1st DCA 1975), the appellate court remanded for a correction of the record where the judgment showed that the defendant had pleaded guilty to two counts of robbery when he actually pleaded no contest to a single count of robbery. No increase i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tucker v. State, 316 So. 2d 297 (Fla. 1st DCA 1975)