Garcia v. State

228 So. 2d 300
District Court of Appeal of Florida·Decided November 25, 1969·No. 68-1130·Published·Cited by 34 cases

Opinion

228 So.2d 300 (1969)

Juan GARCIA, a/K/a Johnny Garcia, Appellant,
v.
STATE of Florida, Appellee.

No. 68-1130.

District Court of Appeal of Florida. Third District.

November 25, 1969.

*301 Barry N. Semet, Miami, for appellant.

Earl Faircloth, Atty. Gen., Arden M. Siegendorf and Melvin Grossman, Asst, Attys. Gen., for appellee.

Before CHARLES CARROLL, BARKDULL and SWANN, JJ.

ON REHEARING

PER CURIAM.

Following hearing on this appeal by the defendant below from an order of the trial court summarily denying his motion filed under Rule 1.850 CrPR for relief from a conviction and life sentence, consequent upon his plea of guilty to an indictment for rape, this court entered an order of reversal. A timely petition for rehearing filed by the state was granted, and argument thereon was heard. After further consideration we recede from our prior order of reversal and hold that the order of the trial court denying the defendant's motion for relief should be affirmed. Accordingly, this court's opinion and judgment filed September 30, 1969, is vacated and withdrawn, and this opinion and judgment of affirmance is substituted.

When arraigned on the indictment, the defendant pleaded not guilty and not guilty by reason of insanity, but when the case came on for trial, defendant's counsel announced to the court that the defendant desired to change his plea to one of guilty. At that point the defendant was examined fully with respect thereto, in the course of which it was adequately shown that his plea of guilty was knowingly and voluntarily made, and in a substantial measure such was confirmed by his employed attorney. Because of the importance of this showing in the record, as refuting the allegations of the defendant's subsequent motion for relief under Rule 1.850, it is set forth here, as follows:

"Mr. Carricarte: [Assistant State Attorney] Yes.
"The Court: Is the defendant ready to proceed?
"Mr. Carlton: [Defendant's Attorney] Yes, Your Honor.
"May it please the Court, at this time the defendant tenders a plea of guilty as charged in the indictment.
"The Court: Before I accept your plea the Court and the State may make certain inquiry in regard thereto. The State may inquire if they wish.
* * * * * *
"Mr. Carricarte: Are you the Juan Garcia, also known as Johnny Garcia, who has been charged by this indictment with the crime of rape of one Carmen P. Enfinger on July 2, 1967?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Sir, are you represented by Mr. Philip Carlton, Jr.?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Is he your attorney, and has he been your attorney from the time of the preliminary hearing to the present time?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Did you hear Mr. Carlton offer a plea of guilty on your behalf to the charge of rape as charged in the indictment?
"Mr. Garcia: No, sir.
*302 "Mr. Carricarte; Did you hear Mr. Carlton just now say that you were pleading guilty to the charge of rape?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Is it your desire to plead guilty to the charge of rape?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Of Carmen P. Enfinger as charged?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Did you enter this plea of guilty to the charge of rape of Carmen P. Enfinger freely and voluntarily?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Did anyone threaten you in any way —
"Mr. Garcia: No, sir.
"Mr. Carricarte: [Continuing] — or force you to plead guilty to the charge?
"Mr. Garcia: No, sir.
"Mr. Carricarte: Did anyone promise you any kind of special consideration to cause you to plead guilty to the charge of rape?
"Mr. Garcia: No, sir.
"Mr. Carricarte: Do you understand the significance of a plea of guilty to the charge of rape and possible consequence of the plea guilty to the charge of rape?
"Mr. Garcia: No, sir.
"Mr. Carricarte: Do you understand, sir, that as a result of your plea of guilty to the charge of rape the Court may sentence you to death in the electric chair or life imprisonment or to a term for years?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Have you had an opportunity to discuss this case to your satisfaction with your attorney, Mr. Carlton?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Are you satisfied with the legal service, advice and counsel Mr. Philip Carlton, Jr., has given you in connection with this case?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Sir, are you pleading guilty to the charge of rape of Carmen P. Enfinger on July 2, 1967 because you are guilty of such rape and for no other reason?
"Mr. Garcia: Yes, sir.
"Mr. Carricarte: Do you understand, sir, that under the laws of the State of Florida you have a right to a speedy trial by a jury of 12 men in the event that you want a trial in this case, but once you plead guilty you are giving up that right to a trial by jury?
"Mr. Garcia: Yes.
"Mr. Carricarte: Has anyone whomsoever, the police, the defense attorney, the State Attorney's Office, promised you any kind of special consideration for changing your plea from not guilty to guilty?
"Mr. Garcia: No, sir.
"Mr. Carricarte: The State is satisfied, Your Honor.
"The Court: Do you have any questions?
"Mr. Carlton: No, sir.
"The Court: How old ar you?
"Mr. Garcia: Twenty.
"The Court: Twenty?
"Mr. Garcia: Yes.
"The Court: Are you married?
"Mr. Garcia: No, sir.
"The Court: Do you have any children?
"Mr. Garcia: Yes, sir.
*303 "The Court: How many?
"Mr. Garcia: One.
"The Court: How much education have you had?
"Mr. Garcia: I went to the tenth grade, sir. * * *
* * * * * *
"The Court: Is your father the man who has been in the courtroom this morning?
"Mr. Garcia: Yes.
"The Court: Is your mother in the courtroom?
"Mr. Garcia: Yes. sir.
* * * * * *
"The Court: Mr. Carlton, as counsel for the defendant and as an officer of this Court, can you assure the Court you have investigated your client's case and have fully and completely advised him as to his rights and defenses?
"Mr. Carlton: I have investigated this thoroughly, and I have advised him to the utmost of every aspect of this case, and the consequences either with a jury or without a jury or a plea, sir.

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