MICHAEL FRANCIS SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, a minor, was charged with breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. He pled guilty and was later sentenced to three years imprisonment.
Since appellant does not suggest that he was prejudiced by the trial court’s failure to establish a factual basis for the charge, that error is insufficient to require either vacating the plea or remanding for further proceedings. Williams v. State, Fla.1975, 316 So. 2d 267; State v. Lyles, Fla.1975, 316 So. 2d 277. However, we find the plea colloquy wholly insufficient to establish either the voluntariness of the plea or the appellant’s understanding of its consequences. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; RCrP 3.170(j). We think that under Williams v. State, supra, the appropriate remedy is to remand for a determination of whether the plea was voluntarily and intelligently made. See also Williamson v. State, Fla.App.2d 1973, 273 So. 2d 784.
Reversed and remanded for further proceedings.
McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scheller v. State, 327 So. 2d 876 (Fla. 2d DCA 1976)…ntariness and understanding; nevertheless, it is essential that the record affirmatively disclose a colloquy sufficient to meet the requirement of RCrP 3.170 (j). Williamson v. State, Fla.App.2d 1973, 273 So. 2d 784; Smith v. State, Fla.App.2d 1976, 326 So. 2d 236. Accordingly, we remand the case to the trial judge with instruction to determine whether the appellant’s plea was voluntarily and understandingly tendered. HOBSON, Acting C. J., and GRIMES, J., concur.…
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- State v. Lyles, 316 So. 2d 277 (Fla. 1975)
- Williamson v. State, 273 So. 2d 784 (Fla. 2d DCA 1973)