Gable v. State

District Court of Appeal of Florida

Gable v. State

290 So. 2d 561

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1974

DocketNo. 73-516

StatusPublished

Cited by1 cases

This text of 290 So. 2d 561 (Gable 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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Gable v. State, 290 So. 2d 561 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

Appellant was charged with child molesting pursuant to Section 800.04, Florida Statutes, F.S.A. A plea of nolo contendere was accepted by the trial court after a diligent inquiry to determine whether said plea was freely and voluntarily entered. Subsequently, the appellant was sentenced to serve a period of ten years in the state penitentiary upon the trial court’s adjudication of the appellant’s guilt to the charges set forth in the information.

Conviction under Section 800.04, Florida Statutes, F.S.A., brings the appellant within the purview of Chapter 801, Florida Statutes, F.S.A. Baker v. State, Fla.App.2nd, 1967, 194 So.2d 687, and Baker v. State, Fla.App.2nd, 1968, 206 So.2d 441. In Wolf v. State, Fla.App.2nd, 1973, 282 So.2d 668, under substantially similar circumstances, it was established that strict compliance with Section 801.051 was mandatory.

The record in this case is devoid of any indication that Section 801.051, Florida Statutes, F.S.A., was complied with. Accordingly, under the authority of Wolf, supra, we must remand the case to the trial court for proceedings in compliance with the provisions of Chapter 801.

MANN, C. J., and HOBSON and BOARD MAN, JJ., concur.

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PER CURIAM.

Appellant was charged with child molesting pursuant to Section 800.04, Florida Statutes, F.S.A. A plea of nolo contendere was accepted by the trial court after a diligent inquiry to determine whether said plea was freely and voluntarily entered. Subsequently, the appellant was sentenced to serve a period of ten years in the state penitentiary upon the trial court’s adjudication of the appellant’s guilt to the charges set forth in the information.

Conviction under Section 800.04, Florida Statutes, F.S.A., brings the appellant within the purview of Chapter 801, Florida Statutes, F.S.A. Baker v. State, Fla.App.2nd, 1967, 194 So.2d 687, and Baker v. State, Fla.App.2nd, 1968, 206 So.2d 441. In Wolf v. State, Fla.App.2nd, 1973, 282 So.2d 668, under substantially similar circumstances, it was established that strict compliance with Section 801.051 was mandatory.

The record in this case is devoid of any indication that Section 801.051, Florida Statutes, F.S.A., was complied with. Accordingly, under the authority of Wolf, supra, we must remand the case to the trial court for proceedings in compliance with the provisions of Chapter 801.

MANN, C. J., and HOBSON and BOARD MAN, JJ., concur.

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290 So. 2d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gable-v-state-fladistctapp-1974.

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