Florida District Courts of Appeal, 1987

Small v. State

Small v. State
Florida District Courts of Appeal · Decided December 1, 1987 · Hubbart, Jorgenson, Nesbitt
516 So. 2d 39; 12 Fla. L. Weekly 2724; 1987 Fla. App. LEXIS 11276; 1987 WL 1951 (Southern Reporter, Second Series)

Small v. State

Opinion of the Court

JORGENSON, Judge.

On a record replete with baseball metaphors similar to those favored in Johnson v. State, 501 So.2d 158 (Fla. 3d DCA 1987), the trial court neither followed the inquiry mandated by Florida Rule of Criminal Procedure 3.172 nor established a factual basis for the plea. We accordingly reverse the summary denial of appellant’s 3.850 motion, see State v. Ginebra, 511 So.2d 960 (Fla. 1987)(reaffirming the mandatory nature of the inquiry required by Rule 3.172(c)), and remand the cause to the trial court with directions to permit the defendant to plead anew. The trial court would be well advised to remember that no matter if the league is major or minor the umpire too must follow the rules of the game.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.