Laird v. State

District Court of Appeal of Florida

Laird v. State

280 So. 2d 454, 1973 Fla. App. LEXIS 7832

District Court of Appeal of Florida·Decided July 17, 1973·No. No. S-63·Published·Cited by 2 cases

Opinion

PER CURIAM.

Affirmed on authority of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747, wherein the court states:

“ . . . We decline to hold, however, that a guilty plea is compelled and invalid under the Fifth Amendment whenever motivated by the defendant’s desire to accept the certainty or probability of a lesser penalty rather than face a wider range of possibilities extending from acquittal to conviction and a higher penalty authorized by law for the crime charged.”

To like effect, see also North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed. 2d 162.

JOHNSON, Acting C. J., SPECTOR, J., and MELVIN, WOODROW M., Associate Judge, concur.

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PER CURIAM.

Affirmed on authority of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747, wherein the court states:

“ . . . We decline to hold, however, that a guilty plea is compelled and invalid under the Fifth Amendment whenever motivated by the defendant’s desire to accept the certainty or probability of a lesser penalty rather than face a wider range of possibilities extending from acquittal to conviction and a higher penalty authorized by law for the crime charged.”

To like effect, see also North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed. 2d 162.

JOHNSON, Acting C. J., SPECTOR, J., and MELVIN, WOODROW M., Associate Judge, concur.

Laird v. State, 280 So. 2d 454, 1973 Fla. App. LEXIS 7832 (Fla. Ct. App. 1973).

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Opinion

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