Padgett v. State

District Court of Appeal of Florida

Padgett v. State

780 So. 2d 1021, 2001 Fla. App. LEXIS 4042, 2001 WL 313856

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 2001

DocketNo. 4D00-425

StatusPublished

Cited by1 cases

This text of 780 So. 2d 1021 (Padgett 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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Padgett v. State, 780 So. 2d 1021, 2001 Fla. App. LEXIS 4042, 2001 WL 313856 (Fla. Ct. App. 2001).

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Opinion

STONE, J.

We affirm an order denying Padgett’s motion to withdraw his plea. Padgett claimed that he was coerced into entering the plea. The trial court conducted an evidentiary hearing at which conflicting testimony was presented.

The record reflects no abuse of discretion in the court’s rejecting Padgett’s version of the events and concluding that there was no coercion. See Stephens v. State, 748 So.2d 1028 (Fla.1999); Schmidt v. State, 764 So.2d 618 (Fla. 4th DCA 2000).

Padgett further asserts that the trial court erred when it failed to inform him of the maximum penalty for the offenses to which he pled guilty.

Clearly, the trial court is required to determine on the record that the defendant entering a plea is aware of the maximum possible penalty provided by law. Fla. R.Crim. P. 3.172(c)(1); Ashley v. State, 614 So.2d 486, 488 (Fla.1993). Violation of this rule, however, does not require reversal, unless non-compliance results in prejudice or manifest injustice. See Freber v. State, 638 So.2d 140 (Fla. 4th DCA 1994); State v. Fox, 659 So.2d 1324 (Fla. 3d DCA 1995); Baker v. State, 344 So.2d 597 (Fla. 1st DCA 1977).

Here, the record reflects that the trial court’s error was harmless. Pad-gett’s own testimony revealed that he knew that he was facing a possible life sentence unless he accepted the plea offer. Padgett also understood that he would receive only eighteen years in prison and ten years probation, the sentence imposed. Therefore, the order is affirmed.

GUNTHER and SHAHOOD, JJ„ concur.

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STONE, J.

We affirm an order denying Padgett’s motion to withdraw his plea. Padgett claimed that he was coerced into entering the plea. The trial court conducted an evidentiary hearing at which conflicting testimony was presented.

The record reflects no abuse of discretion in the court’s rejecting Padgett’s version of the events and concluding that there was no coercion. See Stephens v. State, 748 So.2d 1028 (Fla.1999); Schmidt v. State, 764 So.2d 618 (Fla. 4th DCA 2000).

Padgett further asserts that the trial court erred when it failed to inform him of the maximum penalty for the offenses to which he pled guilty.

Clearly, the trial court is required to determine on the record that the defendant entering a plea is aware of the maximum possible penalty provided by law. Fla. R.Crim. P. 3.172(c)(1); Ashley v. State, 614 So.2d 486, 488 (Fla.1993). Violation of this rule, however, does not require reversal, unless non-compliance results in prejudice or manifest injustice. See Freber v. State, 638 So.2d 140 (Fla. 4th DCA 1994); State v. Fox, 659 So.2d 1324 (Fla. 3d DCA 1995); Baker v. State, 344 So.2d 597 (Fla. 1st DCA 1977).

Here, the record reflects that the trial court’s error was harmless. Pad-gett’s own testimony revealed that he knew that he was facing a possible life sentence unless he accepted the plea offer. Padgett also understood that he would receive only eighteen years in prison and ten years probation, the sentence imposed. Therefore, the order is affirmed.

GUNTHER and SHAHOOD, JJ„ concur.

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780 So. 2d 1021, 2001 Fla. App. LEXIS 4042, 2001 WL 313856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-state-fladistctapp-2001.

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