Grant v. State

Decision Date25 June 1975
Docket NumberNo. 46687.,46687.
Citation316 So.2d 282
PartiesRonnie Everett Urqurhart GRANT, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida 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.

OVERTON, Justice.

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.

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

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:

"Waiver of Trial

"I, the defendant herein, having been advised of the nature of the charge(s) pending against me, to wit: Murder in the Second Degree 782.04(2), the maximum sentence therefor Life D.O.C. a/o 10,000 and the lesser included crimes within such charge(s), the range of allowable punishments thereunder, possible defenses to the charges, circumstances that might tend to reduce the punishment thereof, and all other facts essential to a broad understanding of the charges against me, do...

To continue reading

Request your trial
7 cases
  • Lynch v. Sec'y, Dep't of Corr.
    • United States
    • U.S. District Court — Middle District of Florida
    • 25 Septiembre 2012
    ...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
    • United States
    • Florida Supreme Court
    • 25 Febrero 1976
    ...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
    • United States
    • Florida District Court of Appeals
    • 6 Septiembre 1995
    ...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
    • United States
    • Florida District Court of Appeals
    • 2 Julio 1987
    ...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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT