FRANK HOWARD BAKER, APPELLANT (DEFENDANT),
v.
STATE OF FLORIDA, APPELLEE (STATE)
Explore caselaw by topic → Browse Maximum Sentence cases and more on FLexlaw
[*598] MILLS, Judge.
Pursuant to plea bargaining, Baker pled guilty to a charge of uttering a forged instrument. When accepting the plea, the trial court failed to advise Baker the maximum sentence for the offense. Although Williams v. State, 316 So. 2d 267 (Fla.1975), suggests this be done, it is dictum.
The Williams case holds that the violation of a rule of procedure does not require reversal of a conviction unless the record discloses that noncompliance resulted in prejudice. The burden is on the defendant to clearly prove prejudice. No prejudice is shown by the record presented to us. In fact, it appears that defendant received less than the maximum sentence. What difference would it have made if he had known what the maximum sentence was?
We affirm.
BOYER, C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)…enced to a year and a day of incarceration, and that is the sentence which was imposed. The sentence was less than the maximum sentence allowable. There was no prejudice by the omission to advise the defendant of the maximum penalty. Baker v. State, 344 So. 2d 597, 598 (Fla. 1st DCA 1977). Finally, the defendant argues that since the judge failed to elicit a factual basis for the plea during the colloquy, the conviction must necessarily be vacated. We disagree. Pursuant to Florida Rule of Criminal Procedure…
-
Mickens v. State, 562 So. 2d 856 (Fla. 1st DCA 1990)…Rules of Criminal Procedure, provides that “[fjailure to follow any of the procedures in this Rule shall not render a plea void absent a showing of prejudice.” The burden is on the defendant to provide clear proof of such prejudice. Baker v. State, 344 So. 2d 597, 598 (Fla. 1st DCA 1977). No prejudice appears on the face of the record, nor has it been argued or proven in any brief filed with this court. We therefore affirm on this issue. However, with regard to the imposition of costs without notice or the…
-
Gonzalez v. State, 714 So. 2d 1125 (Fla. 3d DCA 1998)…ly below the statutory maximum. Under those circumstances, this court found no prejudice caused by the non-advice as to the statutory maximum and thus no reversible error. See Fox, 659 So. 2d at 1327; Fla.R.Crim.P. 3.172(i); see also Baker v. State, 344 So. 2d 597 (Fla. 1st DCA 1977)(same). In Gonzalez’ case, the trial judge did not simply fail to mention the maximum sentence during the plea colloquy — she affirmatively misadvised the defendant as to what the maximum sentence was. This error was apparently c…
Previewing 3 of 5 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)