Chavez v. State

Florida Circuit Courts

Chavez v. State

23 Fla. Supp. 2d 180

CourtCircuit Court for the Judicial Circuits of Florida

DecidedJune 9, 1987

DocketCase No. 86-090 AC and 86-006 AC (County Court Case No. 85-75174)

StatusPublished

This text of 23 Fla. Supp. 2d 180 (Chavez v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chavez v. State, 23 Fla. Supp. 2d 180 (Fla. Super. Ct. 1987).

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Opinion

OPINION OF THE COURT

PER CURIAM.

We reverse the conviction below which was based upon the guilty plea of the Appellant/Defendant entered by him without counsel.

We find that there was no compliance with Rule 3.170(j) or Rule 3.172, Rules of Criminal Procedure, in that there is no basis in the record to conclude that the defendant entered his plea fully under[181]*181standing the significance of the plea, that it was voluntary and that there was a factual basis for the plea of guilty.

Accordingly, the Judgment and Sentence below is reversed and the case is remanded with instructions to allow the defendant to withdraw his plea of guilty and proceed to trial.

REVERSED AND REMANDED WITH DIRECTIONS.

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OPINION OF THE COURT

PER CURIAM.

We reverse the conviction below which was based upon the guilty plea of the Appellant/Defendant entered by him without counsel.

We find that there was no compliance with Rule 3.170(j) or Rule 3.172, Rules of Criminal Procedure, in that there is no basis in the record to conclude that the defendant entered his plea fully under[181]*181standing the significance of the plea, that it was voluntary and that there was a factual basis for the plea of guilty.

Accordingly, the Judgment and Sentence below is reversed and the case is remanded with instructions to allow the defendant to withdraw his plea of guilty and proceed to trial.

REVERSED AND REMANDED WITH DIRECTIONS.

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Bluebook (online)

23 Fla. Supp. 2d 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-state-flacirct-1987.