Meredith v. State

District Court of Appeal of Florida

Meredith v. State

508 So. 2d 473, 12 Fla. L. Weekly 1390, 1987 Fla. App. LEXIS 8587

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1987

DocketNo. 4-86-0313

StatusPublished

Cited by2 cases

This text of 508 So. 2d 473 (Meredith 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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Meredith v. State, 508 So. 2d 473, 12 Fla. L. Weekly 1390, 1987 Fla. App. LEXIS 8587 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We reverse and remand with instructions to allow Peter A. Meredith to withdraw his plea to first degree murder and to proceed to trial.

We do this because the trial court should not have accepted the defendant’s plea without first determining whether there was a factual basis for the plea. See Rule 3.172(a), Fla.R.Crim.P.; Maselli v. State, 446 So.2d 1079 (Fla.1984); and Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981). Such determination was not adequately made and this resulted in manifest injustice to the defendant. The material in the file upon which the trial court relied reflects a lack of the essential element of premeditation and, hence, there is no factual basis for the charge of first degree murder.

Reversed and Remanded.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

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PER CURIAM.

We reverse and remand with instructions to allow Peter A. Meredith to withdraw his plea to first degree murder and to proceed to trial.

We do this because the trial court should not have accepted the defendant’s plea without first determining whether there was a factual basis for the plea. See Rule 3.172(a), Fla.R.Crim.P.; Maselli v. State, 446 So.2d 1079 (Fla.1984); and Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981). Such determination was not adequately made and this resulted in manifest injustice to the defendant. The material in the file upon which the trial court relied reflects a lack of the essential element of premeditation and, hence, there is no factual basis for the charge of first degree murder.

Reversed and Remanded.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

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508 So. 2d 473, 12 Fla. L. Weekly 1390, 1987 Fla. App. LEXIS 8587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meredith-v-state-fladistctapp-1987.

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