Meredith v. State, 4-86-0313

• Decision Date: 03 June 1987
• Docket Number: No. 4-86-0313,4-86-0313
• Citation: 508 So.2d 473,12 Fla. L. Weekly 1390
• Parties: 12 Fla. L. Weekly 1390 Peter A. MEREDITH, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 473

508 So.2d 473

12 Fla. L. Weekly 1390

Peter A. MEREDITH, Appellant, v. STATE of Florida, Appellee.

No. 4-86-0313.

District Court of Appeal of Florida, Fourth District.

June 3, 1987.

Rehearing Denied July 1, 1987.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand with instructions to allow Peter A. Meredith to withdraw his plea to first degree murder and to proceed to trial.

We do this because the trial court should not have accepted the defendant's plea without first determining whether there was a factual basis for the plea. See Rule 3.172(a), Fla.R.Crim.P.; Maselli v. State, 446 So.2d 1079 (Fla.1984); and Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981). Such determination was not adequately made and this resulted in manifest injustice to the defendant. The material in the file upon which the trial court relied reflects a lack of the essential element of premeditation and, hence, there is no factual basis for the charge of first degree murder.

Reversed and Remanded.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.