DIANE JEAN NORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Opportunity To Withdraw Plea cases and more on FLexlaw
SMITH, Judge.
Appealing from the trial court’s order denying her Rule 3.850 motion to vacate the sentence, appellant urges she was not made aware of the mandatory three-year sentence consequent upon her plea of guilty to aggravated assault involving a firearm. We conceive that appellant’s averment that she had the impression that probation was a possibility in her case sufficiently alleges, for purposes of Fla.R. Crim.P., that she was not apprised of the significance of her plea. Fla.R.Crim.P. 3.170(j); Brown v. State, 245 So. 2d 41 (Fla.1971); Garcia v. State, 228 So. 2d 300 (Fla.3d DCA 1969). An evidentiary hearing is required to determine the truth of appellant’s averment. If in fact she did not understand the significance of pleading guilty to an offense involving use of a firearm, she must be afforded the opportunity to with draw her plea of guilty. See Jenkins v. United States, 420 F. 2d 433 (10th Cir. 1970).
REVERSED.
MILLS, Acting C. J., and ERVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Richmond v. State, 375 So. 2d 1132 (Fla. 1st DCA 1979)…five-year sentence, not a five-year sentence with a mandatory three years in prison. His motion was denied and he appealed to this court. We hold that the trial court should have given appellant an opportunity to withdraw his plea. Norris v. State, 343 So. 2d 964 (Fla. 1st DCA 1977). We vacate appellant’s plea because the sentence was not what he bargained for, and remand to the trial court for further proceedings consistent with this opinion. MILLS, C. J., and McCORD and SHIVERS, JJ., concur.…
-
Green v. State, 406 So. 2d 1148 (Fla. 1st DCA 1981)…possible penalty. The courts of this State have routinely held that the failure to advise a defendant of a mandatory minimum sentence prevents the defendant from being properly apprised of the significance of his or her plea. E. g. Norris v. State, 343 So. 2d 964 (Fla. 1st DCA 1977). Under such circumstances, the defendant should be afforded the opportunity to withdraw his or her plea of guilty. Id.; See Jenkins v. United States, 420 F. 2d 433 (10th Cir. 1970). It logically follows that, since it is error to…
-
Knowles v. State, 356 So. 2d 885 (Fla. 3d DCA 1978)…t his attorney advised him that he possibly could get probation, and that since he did not understand the significance of his plea when entered, it is mandatory that this court vacate his plea of nolo contendere. Appellant relies on Norris v. State, 343 So. 2d 964 (Fla. 1st DCA 1977), as authority for his position. The record of the evidentiary hearing reflects that appellant’s trial attorney, after speaking with the court and the state attorney, and prior to the nolo contendere plea, told appellant, “That…
Previewing 3 of 9 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)
- Garcia v. State, 228 So. 2d 300 (Fla. 3d DCA 1969)
- Jenkins v. United States, 420 F.2d 433 (10th Cir. 1970)