Perry v. State

District Court of Appeal of Florida

Perry v. State

522 So. 2d 554, 13 Fla. L. Weekly 837, 1988 Fla. App. LEXIS 1324, 1988 WL 26131

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1988

DocketNo. 87-1330

StatusPublished

Cited by1 cases

This text of 522 So. 2d 554 (Perry 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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Perry v. State, 522 So. 2d 554, 13 Fla. L. Weekly 837, 1988 Fla. App. LEXIS 1324, 1988 WL 26131 (Fla. Ct. App. 1988).

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Opinions

COBB, Judge.

Appellant, Kyle William Perry, pled guilty at arraignment after waiving counsel. He did not execute a written waiver of representation by counsel as required by Florida Rule of Criminal Procedure 3.160(e). Perry moved to withdraw his plea prior to adjudication and sentence, but the motion was denied. That denial is challenged by this appeal.

Based upon the clear and unequivocal language of Rule 3.160(e), we find that the defendant should have been allowed to withdraw his guilty plea. Cf. Jones v. State, 452 So.2d 643 (Fla. 4th DCA 1984), petition for review denied, 461 So.2d 116 (Fla.1985) (requirement of written waiver of right to jury trial strictly observed). REVERSED.

DANIEL, J., concurs. COWART, J., dissents with opinion.

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COBB, Judge.

Appellant, Kyle William Perry, pled guilty at arraignment after waiving counsel. He did not execute a written waiver of representation by counsel as required by Florida Rule of Criminal Procedure 3.160(e). Perry moved to withdraw his plea prior to adjudication and sentence, but the motion was denied. That denial is challenged by this appeal.

Based upon the clear and unequivocal language of Rule 3.160(e), we find that the defendant should have been allowed to withdraw his guilty plea. Cf. Jones v. State, 452 So.2d 643 (Fla. 4th DCA 1984), petition for review denied, 461 So.2d 116 (Fla.1985) (requirement of written waiver of right to jury trial strictly observed). REVERSED.

DANIEL, J., concurs. COWART, J., dissents with opinion.

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522 So. 2d 554, 13 Fla. L. Weekly 837, 1988 Fla. App. LEXIS 1324, 1988 WL 26131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-state-fladistctapp-1988.

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