Florida District Courts of Appeal, 1974

James v. State

James v. State
Florida District Courts of Appeal · Decided May 16, 1974 · Boyer, McCord, Rawls
294 So. 2d 352; 1974 Fla. App. LEXIS 7227 (Southern Reporter, Second Series)

James v. State

Opinion of the Court

PER CURIAM.

This court has carefully considered the record and the briefs of counsel and, on the authority of North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), we find that the trial court properly accepted the defendant’s plea of guilty. See also Estes v. State, Fla.App. (1st) 1974, 294 So.2d 122. Accordingly, the judgment appealed is

Affirmed.

RAWLS, C. J., and BOYER, J., concur. McCORD, J., concurring specially.

Concurring Opinion

McCORD, Judge

(concurring specially).

From the record it is clear that appellant’s plea of guilty to the charge of aggravated assault in this cause was the result of a negotiated plea wherein the state nolle prossed two additional cases against defendant, each charging breaking and entering with intent to commit a felony and grand larceny. I agree with affirmance on authority of Estes v. State cited in main opinion.

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