Felch v. State

District Court of Appeal of Florida

Felch v. State

354 So. 2d 147

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 1978

DocketNos. GG-187, GG-207

StatusPublished

Cited by1 cases

This text of 354 So. 2d 147 (Felch 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.

Bluebook

Felch v. State, 354 So. 2d 147 (Fla. Ct. App. 1978).

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Opinion

BOYER, Judge.

Appellant seeks reversal of a judgment of guilt and resulting sentence entered after a plea of nolo contendere to four counts of an information. Appellant contends that the trial court erred in accepting his pleas as to counts two and four when it became apparent that a possible defense to those counts existed. The record reveals that both defendant and his counsel expressly acknowledged that they had discussed possible defenses. The trial judge made a sufficient inquiry into the factual basis of the plea. The record is sufficient to demonstrate waiver of any possible defenses. The record also reveals that the defendant was aware of the possible defense now urged as a basis for reversal. The holdings of State v. Kendrick, 336 So.2d 353 (Fla.1976) and State v. Lyles, 316 So.2d 277 (Fla.1975) are inapplicable to the facts of this case to which we find apropos the rationale of our sister court of the Third District in Mathis v. State, 348 So.2d 1221 (Fla. 3rd DCA 1977).

AFFIRMED.

McCORD, C. J. and MELVIN, J., concur.

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BOYER, Judge.

Appellant seeks reversal of a judgment of guilt and resulting sentence entered after a plea of nolo contendere to four counts of an information. Appellant contends that the trial court erred in accepting his pleas as to counts two and four when it became apparent that a possible defense to those counts existed. The record reveals that both defendant and his counsel expressly acknowledged that they had discussed possible defenses. The trial judge made a sufficient inquiry into the factual basis of the plea. The record is sufficient to demonstrate waiver of any possible defenses. The record also reveals that the defendant was aware of the possible defense now urged as a basis for reversal. The holdings of State v. Kendrick, 336 So.2d 353 (Fla.1976) and State v. Lyles, 316 So.2d 277 (Fla.1975) are inapplicable to the facts of this case to which we find apropos the rationale of our sister court of the Third District in Mathis v. State, 348 So.2d 1221 (Fla. 3rd DCA 1977).

AFFIRMED.

McCORD, C. J. and MELVIN, J., concur.

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354 So. 2d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felch-v-state-fladistctapp-1978.

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