Florida District Courts of Appeal, 1987

Meredith v. State

Florida District Courts of Appeal · Decided June 3, 1987 · No. 4-86-0313 · Downey, Hersey, Walden

508 So. 2d 473; 12 Fla. L. Weekly 1390; 1987 Fla. App. LEXIS 8587 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Coleman v. State (Fla. Dist. Ct. App. 1992)
Williams v. State (Fla. Dist. Ct. App. 1988)

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.

We reverse and remand with instructions to allow Peter A. Meredith to withdraw his plea to first degree murder and to proceed to trial.

We do this because the trial court should not have accepted the defendant’s plea without first determining whether there was a factual basis for the plea. See Rule 3.172(a), Fla.R.Crim.P.; Maselli v. State, 446 So.2d 1079 (Fla. 1984); and Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981). Such determination was not adequately made and this resulted in manifest injustice to the defendant. The material in the file upon which the trial court relied reflects a lack of the essential element of premeditation and, hence, there is no factual basis for the charge of first degree murder.

Reversed and Remanded.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

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