State v. Perry

Supreme Court of Florida

State v. Perry

322 So. 2d 515

CourtSupreme Court of Florida

DecidedSeptember 3, 1975

DocketNo. 46942

StatusPublished

Cited by1 cases

This text of 322 So. 2d 515 (State v. Perry) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Perry, 322 So. 2d 515 (Fla. 1975).

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Opinion

OVERTON, Justice.

This cause is before us on petition for - writ of certiorari to review the decision of the First District Court of Appeal reported at 308 So.2d 173. The decision sought to be reviewed conflicts, as expressed in the opinion, with Lyles v. State, 299 So.2d 146 (Fla.App. 1st 1974) and Estes v. State, 294 So.2d 122 (Fla.App. 1st 1974). At issue is the trial court’s failure to determine a factual basis for a guilty plea, as prescribed in Rule of Criminal Procedure 3.170 (j). The First District certified the case to this Court in view of the aforementioned conflict.

We reverse upon the authority of Williams v. State, 316 So.2d 267 (Fla.1975), and Estes v. State, 316 So.2d 276 (Fla.1975) and remand for proceedings not inconsistent therewith.

It is so ordered.

ADKINS, C. J., ROBERTS and ENGLAND, JJ., and CARLISLE, Circuit Judge, concur.

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OVERTON, Justice.

This cause is before us on petition for - writ of certiorari to review the decision of the First District Court of Appeal reported at 308 So.2d 173. The decision sought to be reviewed conflicts, as expressed in the opinion, with Lyles v. State, 299 So.2d 146 (Fla.App. 1st 1974) and Estes v. State, 294 So.2d 122 (Fla.App. 1st 1974). At issue is the trial court’s failure to determine a factual basis for a guilty plea, as prescribed in Rule of Criminal Procedure 3.170 (j). The First District certified the case to this Court in view of the aforementioned conflict.

We reverse upon the authority of Williams v. State, 316 So.2d 267 (Fla.1975), and Estes v. State, 316 So.2d 276 (Fla.1975) and remand for proceedings not inconsistent therewith.

It is so ordered.

ADKINS, C. J., ROBERTS and ENGLAND, JJ., and CARLISLE, Circuit Judge, concur.

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322 So. 2d 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perry-fla-1975.

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