Boyette v. State

District Court of Appeal of Florida

Boyette v. State

311 So. 2d 786, 1975 Fla. App. LEXIS 15120

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 1975

DocketNo. 74-445

StatusPublished

Cited by2 cases

This text of 311 So. 2d 786 (Boyette v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boyette v. State, 311 So. 2d 786, 1975 Fla. App. LEXIS 15120 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

Upon consideration of the briefs and record on appeal and having heard oral argument we are of the view that the failure to ascertain a factual basis for defendant’s plea of guilty is not reversible error particularly where, as here, the defendant alleged no prejudice for failure to follow Rule 3.170(j), FRCrP. Accordingly, we affirm upon the authority of Estes v. State, Fla.App.1974, 294 So.2d 122; Hall v. State, Fla.App.1974, 303 So.2d 417; but see Lyles v. State, Fla.App. 1974, 299 So.2d 146.

Affirmed.

WALDEN and MAGER, JJ., and MOE, LEROY H., Associate Judge, concur.

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PER CURIAM.

Upon consideration of the briefs and record on appeal and having heard oral argument we are of the view that the failure to ascertain a factual basis for defendant’s plea of guilty is not reversible error particularly where, as here, the defendant alleged no prejudice for failure to follow Rule 3.170(j), FRCrP. Accordingly, we affirm upon the authority of Estes v. State, Fla.App.1974, 294 So.2d 122; Hall v. State, Fla.App.1974, 303 So.2d 417; but see Lyles v. State, Fla.App. 1974, 299 So.2d 146.

Affirmed.

WALDEN and MAGER, JJ., and MOE, LEROY H., Associate Judge, concur.

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311 So. 2d 786, 1975 Fla. App. LEXIS 15120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyette-v-state-fladistctapp-1975.

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