Norris v. State
| Decision Date | 24 March 1977 |
| Docket Number | No. DD--34,DD--34 |
| Citation | 343 So.2d 964 |
| Parties | Diane Jean NORRIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William B. Richbourg, Pensacola, for appellant.
Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.
Appealing from the trial court's order denying her Rule 3.850 motion to vacate the sentence, appellant urges she was not made aware of the mandatory three-year sentence consequent upon her plea of guilty to aggravated assault involving a firearm. We conceive that appellant's averment that she had the impression that probation was a possibility in her case sufficiently alleges, for purposes of Fla.R.Crim.P., that she was not apprised of the significance of her plea. Fla.R.Crim.P. 3.170(j); Brown v. State, 245 So.2d 41 (Fla.1971); Garcia v. State, 228 So.2d 300 (Fla.3d DCA 1969). An evidentiary hearing is required to determine the truth of appellant's averment. If in fact she did not understand the significance of pleading guilty to an offense involving use of a firearm, she must be afforded the opportunity to withdraw her plea of guilty. See Jenkins v. United States, 420 F.2d 433 (10th Cir. 1970).
REVERSED.
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Lobo v. Florida Parole and Probation Com'n, 82-1397
...Parole considerations have also been relied upon as a basis for permitting a defendant to withdraw a guilty plea. See Norris v. State, 343 So.2d 964 (Fla. 1st DCA 1977); Richmond v. State, 375 So.2d 1132 (Fla. 1st DCA 1979); Green v. State, 406 So.2d 1148 (Fla. 1st DCA 1981). The objective ......
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Green v. State, VV-260.
...minimum sentence prevents the defendant from being properly apprised of the significance of his or her plea. E.g. Norris v. State, 343 So.2d 964 (Fla. 1st DCA 1977). Under such circumstances, the defendant should be afforded the opportunity to withdraw his or her plea of guilty. Id.; See Je......
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Arroyave v. State
...Walker of the minimum mandatory penalties constitutes ineffective assistance of counsel." (citation omitted) (citing Norris v. State , 343 So. 2d 964 (Fla. 1st DCA 1977) )); see also Fla. R. Crim. P. 3.171(c)(2)(B) ("Defense counsel shall advise defendant of ... all pertinent matters bearin......
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Howell v. State, NN-465
...in the cited rule to a penalty which is both minimum and mandatory: Both present counsel and former counsel cite Norris v. State, 343 So.2d 964 (1st DCA 1977) which the Court finds does not apply in this case. That case involved a mandatory minimum sentence which required the defendant to s......