Poff v. State

District Court of Appeal of Florida

Poff v. State

376 So. 2d 62, 1979 Fla. App. LEXIS 15677

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 1979

DocketNo. 79-798

StatusPublished

Cited by1 cases

This text of 376 So. 2d 62 (Poff 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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Poff v. State, 376 So. 2d 62, 1979 Fla. App. LEXIS 15677 (Fla. Ct. App. 1979).

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Opinion

SCHEB, Acting Chief Judge.

Appellant, Douglas Poff, was originally charged with first degree murder. Pursuant to a plea bargain, Poff entered a plea of no contest to manslaughter. During a colloquy between Poff and the court, the judge ascertained that Poff understood the significance of his plea and that he could receive fifteen years imprisonment. The judge then adjudicated Poff guilty of the offense of “vehicular homicide, manslaughter” and sentenced him to fifteen years.

On appeal Poff contends that he was sentenced for the charge of vehicular homicide, a felony of the third degree, under Section 782.071, Florida Statutes (1977), not manslaughter, a felony of the second degree, under Section 782.07, Florida Statutes (1977). He argues, therefore, that he should be sentenced to a maximum of five years imprisonment under Section 782.071.

Poff’s contention has no merit. From an examination of the colloquy between Poff and the court regarding his plea and the factual basis for that plea, it becomes clear that Poff pled no contest to a charge of manslaughter, with the understanding that the maximum penalty could be fifteen years. Accordingly, we affirm the judgment of conviction and sentence but remand and direct the trial court to correct the record to show that Poff was convicted of manslaughter under Section 782.07. See State v. Burton, 314 So.2d 136 (Fla.1975).

OTT and RYDER, JJ., concur.

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SCHEB, Acting Chief Judge.

Appellant, Douglas Poff, was originally charged with first degree murder. Pursuant to a plea bargain, Poff entered a plea of no contest to manslaughter. During a colloquy between Poff and the court, the judge ascertained that Poff understood the significance of his plea and that he could receive fifteen years imprisonment. The judge then adjudicated Poff guilty of the offense of “vehicular homicide, manslaughter” and sentenced him to fifteen years.

On appeal Poff contends that he was sentenced for the charge of vehicular homicide, a felony of the third degree, under Section 782.071, Florida Statutes (1977), not manslaughter, a felony of the second degree, under Section 782.07, Florida Statutes (1977). He argues, therefore, that he should be sentenced to a maximum of five years imprisonment under Section 782.071.

Poff’s contention has no merit. From an examination of the colloquy between Poff and the court regarding his plea and the factual basis for that plea, it becomes clear that Poff pled no contest to a charge of manslaughter, with the understanding that the maximum penalty could be fifteen years. Accordingly, we affirm the judgment of conviction and sentence but remand and direct the trial court to correct the record to show that Poff was convicted of manslaughter under Section 782.07. See State v. Burton, 314 So.2d 136 (Fla.1975).

OTT and RYDER, JJ., concur.

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376 So. 2d 62, 1979 Fla. App. LEXIS 15677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poff-v-state-fladistctapp-1979.

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