State v. Ward

District Court of Appeal of Florida

State v. Ward

574 So. 2d 324, 1991 Fla. App. LEXIS 1314, 1991 WL 18257

District Court of Appeal of Florida·Decided February 20, 1991·No. No. 90-1682·Published

Opinion

PER CURIAM.

The defendant/appellee, Jamie Lou Ward, was charged with one count of sale of cocaine within 1000 feet of a school, a first degree felony.¹ Over the state’s objection the trial judge accepted Ward’s guilty plea to a lesser included offense of sale of cocaine, a second degree felony.

We reverse the conviction which was based upon Ward’s guilty plea, on authority of Cox v. State, 412 So.2d 354 (Fla.1982) and Rule 3.170(g), Florida Rules of Criminal Procedure. It was necessary that the state consent to the plea to the lesser offense.

REVERSED and REMANDED for further consistent proceedings.

HERSEY, C.J., LETTS, J., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

Footnotes

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PER CURIAM.

The defendant/appellee, Jamie Lou Ward, was charged with one count of sale of cocaine within 1000 feet of a school, a first degree felony.¹ Over the state’s objection the trial judge accepted Ward’s guilty plea to a lesser included offense of sale of cocaine, a second degree felony.

We reverse the conviction which was based upon Ward’s guilty plea, on authority of Cox v. State, 412 So.2d 354 (Fla.1982) and Rule 3.170(g), Florida Rules of Criminal Procedure. It was necessary that the state consent to the plea to the lesser offense.

REVERSED and REMANDED for further consistent proceedings.

HERSEY, C.J., LETTS, J., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

Footnotes

State v. Ward, 574 So. 2d 324, 1991 Fla. App. LEXIS 1314, 1991 WL 18257 (Fla. Ct. App. 1991).

Pincite

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Opinion

Footnotes

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