Collucci v. State
Collucci v. State
Opinion of the Court
Anthony Collucci appeals the trial court’s denial of his motion to withdraw plea filed pursuant to Florida Rules of Criminal Procedure 3.170(f).
Collucci hired new counsel before the sentencing date and moved to withdraw his guilty plea because it was allegedly entered involuntarily. Following a series of evidentiary hearings, his motion was denied because the court found the plea to have been knowingly and voluntarily entered.
Collucci’s ability to withdraw a plea prior to sentencing is governed by Florida Rules of Criminal Procedure 3.170(f) and 3.172(f). Rule 3.172(f) requires a court to permit a defendant to withdraw a plea for any reason if the plea has not been formally accepted by the court.
Collucci alleges that because the court announced that it “conditionally” accepted his plea, the plea was not formally accepted and the court erred by not permitting him to withdraw his plea. We agree. The trial court did not establish the details of the conditions upon which Collucci’s plea was accepted nor can we determine from our review of the record the condition or conditions that the trial court had in mind when he stated that he “conditionally accepted” the plea. Because of the absence of this information, Collucci was unable to determine what, if any, other terms the sentencing court may impose or whether he could walk away from the plea hearing knowing that his plea was accepted and that the penalty he agreed to would be imposed. Because the court did not unconditionally accept Collucci’s plea as submitted on the day of the plea hearing, or obtain a consent to the conditions, the plea was not binding upon any one and could be withdrawn by Collucci.
We vacate the judgment and sentence imposed following the trial court’s refusal
JUDGMENT AND SENTENCE VACATED; REMAND.
. Rule 3.172© provides in pertinent part: "No plea offer or negotiation is binding until it is accepted by the trial judge formally after making all the inquiries, advisements, and determinations required by this rule. Until that time, it may be withdrawn by either party without any necessary justification.”
. Rule 3.170(f) provides in pertinent part: "The court may in its discretion, and shall on good cause, at any time before a sentence, permit a plea of guilty to be withdrawn and, if judgment of conviction has been entered thereon, set aside the judgment and allow a plea of not guilty, or, with the consent of the prosecuting attorney, allow a plea of guilty of a lesser included offense, or of a lesser degree of the offense charged, to be substituted for the plea of guilty.”
Reference
- Full Case Name
- Anthony COLLUCCI v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published