Clary v. State

District Court of Appeal of Florida

Clary v. State

315 So. 2d 20, 1975 Fla. App. LEXIS 13610

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1975

DocketNos. W-410, W-411

StatusPublished

This text of 315 So. 2d 20 (Clary 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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Clary v. State, 315 So. 2d 20, 1975 Fla. App. LEXIS 13610 (Fla. Ct. App. 1975).

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PER CURIAM.

These are consolidated appeals from two judgments and sentences for the crime of escape. Appellant was charged by separate informations with two separate escapes, to each of which he pled nolo contendere. The pleas were accepted by the court without first determining on the record that there was a factual basis for the pleas contrary to Rule 3.170(j), F.R.Cr.P. Our previous ruling in Estes v. State, Fla.App.(1st), 294 So.2d 122, is not applicable here as appellant’s pleas were not the result of plea bargaining.

[21]*21Reversed and remanded with directions to vacate the nolo contendere pleas, the judgments and the sentences and to rear-raign appellant.

RAWLS, C. J., and McCORD and JOHNSON, JJ., concur.

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PER CURIAM.

These are consolidated appeals from two judgments and sentences for the crime of escape. Appellant was charged by separate informations with two separate escapes, to each of which he pled nolo contendere. The pleas were accepted by the court without first determining on the record that there was a factual basis for the pleas contrary to Rule 3.170(j), F.R.Cr.P. Our previous ruling in Estes v. State, Fla.App.(1st), 294 So.2d 122, is not applicable here as appellant’s pleas were not the result of plea bargaining.

[21]*21Reversed and remanded with directions to vacate the nolo contendere pleas, the judgments and the sentences and to rear-raign appellant.

RAWLS, C. J., and McCORD and JOHNSON, JJ., concur.

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315 So. 2d 20, 1975 Fla. App. LEXIS 13610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clary-v-state-fladistctapp-1975.

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