Carroll v. State
Opinion
While on probation for armed robbery, Carroll was accused of committing another one. He was found guilty of violating probation and sentenced to life imprisonment on the original charge. He then agreed to plead guilty to the second, substantive offense in exchange for a concurrent life term. The plea colloquy as to that offense, with which we are now concerned, was conducted in full and complete accordance with the provisions of Florida Rule of Criminal Procedure 3.172.1 When the defendant [1226]*1226was asked, however, whether he admitted guilt, he denied committing the offense. At that point, with minimal consultation with counsel, and even less with Carroll, the trial court converted the proposed plea from guilty to one of nolo contendere,2 accepted it as such and adjudicated and sentenced the defendant in accordance with the original agreement. On the asserted ground that the record does not demonstrate Carroll’s knowing concurrence in the nolo, as opposed to the guilty plea, he has taken this direct appeal from the judgment and sentence. See Robinson v. State, 373 So.2d 898, 902 (Fla.1979) (notwithstanding § 924.06(3), Fla. Stat. (1985), defendant may directly appeal from judgment on guilty or nolo plea on grounds challenging “the voluntary and intelligent character of the plea”). We affirm.
Because the free and voluntary nature of the plea and Carroll’s obvious knowledge and understanding of its consequences were plainly established by the colloquy the difference in the kind of plea actually involved did not in any way affect the defendant’s substantial rights. Indeed, if anything, the acceptance of a nolo plea may work in Carroll’s favor. Under these circumstances, the provision of Rule 3.172(i) that the “[f]ailure to follow any of the procedures in this Rule shall not render a plea void absent a showing of prejudice” compels affirmance. See State v. Caudle, 504 So.2d 419 (Fla. 5th DCA 1987); Simmons v. State, 489 So.2d 43 (Fla. 4th DCA [1227]*12271986); Allen v. State, 463 So.2d 351 (Fla. 1st DCA 1985).
Affirmed.
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509 So. 2d 1225 (Carroll v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.