Grant v. State
Decision Date | 25 June 1975 |
Docket Number | No. 46687.,46687. |
Citation | 316 So.2d 282 |
Parties | Ronnie Everett Urqurhart GRANT, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
James A. Gardner, Public Defender, and Harold H. Moore and Robert Tyrie Benton, II, Asst. Public Defenders, for petitioner.
Robert L. Shevin, Atty. Gen., and William I. Munsey, Jr., Asst. Atty. Gen., for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the Second District Court of Appeal reported at 303 So.2d 425 (Fla.App.2d 1974). The decision sought to be reviewed conflicts with Lyles v. State, 299 So.2d 146 (Fla.App.1st 1974).
At issue is the failure of the trial judge to properly determine a factual basis for the guilty plea, as required in Rule of Criminal Procedure 3.170(j). The Second District certified, as being of great public interest, the same question as is set forth in Williams v. State, 316 So.2d 267 (Fla. 1975), and Hall v. State, 316 So.2d 279 (Fla. 1975). We have jurisdiction under Article V, Section 3(b)(3), Florida Constitution.
This was a negotiated plea. The defendant was charged with second degree murder and, as a result of negotiations, entered a plea of guilty to manslaughter and was sentenced to 15 years imprisonment. The record establishes that the plea was voluntarily made with a full understanding of the consequences.1 The fact that this is a negotiated plea is a factor to be considered, but it is not controlling. There is no showing of any kind of prejudice or manifest injustice by the defendant, and Williams v. State, supra, is therefore controlling. The decision of the District Court is affirmed.
It is so ordered.
1 The defendant, in addition to appearing personally before the trial judge, issued a written request for a waiver of trial and to enter a plea of guilty to the lesser offense of manslaughter. The written request is as follows:
To continue reading
Request your trial-
Lynch v. Sec'y, Dep't of Corr.
...manifest injustice.” Blackwood, 648 So.2d at 295 (quoting Suarez, 616 So.2d at 1068, citing Williams, 316 So.2d at 275, and Grant v. State, 316 So.2d 282 (Fla.1975)) (emphasis omitted). “Only when a defendant proclaims his innocence while pleading guilty have federal courts required a judic......
-
Contractors and Builders Ass'n of Pinellas County v. City of Dunedin
...where such certificates have been entered, we exercise our discretion to review on its merits the decision below. E.g., Grant v. State, 316 So.2d 282 (Fla.1975); Winston v. State, 308 So.2d 40 (Fla.1974) (reh. den. 1975). See Fla.Const. art. V, § Plaintiffs in the trial court, petitioners h......
-
State v. Fox, 94-2842
...a guilty plea, the plea will not be set aside after its acceptance absent a showing of prejudice or manifest injustice. Grant v. State, 316 So.2d 282, 283 (Fla.1975); Suarez v. State, 616 So.2d 1067, 1068-69 (Fla. 3d DCA 1993); Gore v. State, 552 So.2d 1185, 1186 (Fla. 5th DCA 1989); see al......
-
Henry v. Board of County Com'rs of Putnam County, 86-587
...weighing more than one ton. Accordingly, it cannot be sustained. Grant v. State, 303 So.2d 425 (Fla. 2d DCA 1974), affirmed, 316 So.2d 282 (Fla.1975). For these reasons, we strike from Para-graph 29 of the appealed injunction the balance of the sentence which follows the term "mower/front e......