Florida District Courts of Appeal, 1976

Smith v. State

Florida District Courts of Appeal · Decided January 30, 1976 · No. 75-405 · Boardman, Hobson, McNulty

326 So. 2d 236; 1976 Fla. App. LEXIS 14300 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Scheller v. State (Fla. Dist. Ct. App. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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