WILLIAM THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's guilty pleas were involuntary due to an honest misunderstanding and a commitment from the trial judge, requiring withdrawal of the pleas.
Defendant pleaded guilty to murder, sexual battery, and kidnapping and was sentenced to death. He later moved to vacate the sentences, alleging his pl…
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ADKINS, Justice.
These are consolidated appeals, one of which is from a judgment convicting defendant of first degree murder, involuntary sexual battery, and kidnapping, resulting in a sentence of death and concurrent sentences of life imprisonment. We have jurisdiction of this appeal.
The other appeal is from an order of the trial court denying defendant’s motion to set aside the imposition of the sentences pursuant to Fla.R.Crim.P. 3.850. This appeal was transferred to us by the District Court of Appeal.
The defendant, after withdrawing pleas of not guilty, entered pleas of guilty in all charges and was adjudged guilty. His waiver of the penalty hearing over the objection of the state attorney was refused by trial judge. The jury recommended the death penalty. The sentences were then imposed.
Defendant, through counsel other than trial counsel, then filed a motion to vacate the sentences and the withdrawal of the guilty pleas on the ground that the pleas were induced by a commitment of the trial judge which was communicated to him by his court-appointed counsel. The motion was bolstered by written statements of .trial counsel. The record is sufficient to bring this case squarely within the rule pronounced by this Court in Costello v. State, 260 So. 2d 198 (Fla.1972).
The pleas were based on a failure of communication or misunderstanding of the facts. In the colloquy preceding the plea the defendant was not asked if any promises were made to him. The defendant has established to our satisfaction that he was prejudiced by an honest misunderstanding which contaminated the voluntariness of the pleas.
The judgments and sentences are reversed and the cause is remanded to the trial judge with instructions to grant the motion for withdrawal of the guilty pleas and proceed to trial.
It is so ordered.
OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur.
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Citator
Cited By (18 total)
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State v. Leroux, 689 So. 2d 235 (Fla. 1996)…ses are arguably distinguishable on their facts. Misrepresentations by counsel as to the length of a sentence or eligibility for gain time can be the basis for postconviction relief in the form of leave to withdraw a guilty plea. Thompson v. State, 351 So. 2d 701 (Fla. 1977), cert. denied, 435 U.S. 998, 98 S.Ct. 1653, 56 L.Ed.2d 88 (1978). However, under the express provisions of rule 3.850, relief may be summarily denied where the record conclusively refutes such a claim. See Rackley v. State, 571 So. 2d 53…
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Thompson v. State, 759 So. 2d 650 (Fla. 2000)…viction and concurrent life sentences for the involuntary sexual battery and kidnapping convictions. During his first appeal, this Court found that in the plea colloquy, Thompson was not asked if any promises were made to him. See Thompson v. State, 351 So. 2d 701, 701 (Fla.1977). Therefore, the Court found that Thompson was entitled to withdraw his guilty plea because of “an honest misunderstanding which contaminated the voluntariness of the pleas.” Id. at 701. On remand, Thompson again pleaded guilty to th…
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Thompson v. State, 619 So. 2d 261 (Fla. 1993)…murder, kidnapping, and involuntary sexual battery of Sally Iv-ester. Thompson entered a plea of guilty in the trial court but, on appeal, this Court allowed him to withdraw his plea and remanded the case for further proceedings. Thompson v. State, 351 So. 2d 701 (Fla.1977). Thompson entered a second plea of guilty and a penalty phase jury recommended the death penalty. The trial judge imposed the death penalty and this Court affirmed the trial judge’s order in Thompson v. State, 389 So. 2d 197 (Fla.1980). T…
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- Costello v. State, 260 So. 2d 198 (Fla. 1972)