Rubenstein v. State
| Decision Date | 20 February 1951 |
| Parties | RUBENSTEIN v. STATE. |
| Court | Florida Supreme Court |
Walter W. Manley and Kelly & Manley, Lakeland, for appellant.
Richard W. Ervin, Atty. Gen., and Murray Sams, Jr., Asst. Atty. Gen., for appellee.
The appellant, David Rubenstein, on September 24, 1949, was informed against for the crime of embezzlement by the County Solicitor of Polk County, Florida. He was taken into custody and incarcerated in the Polk County jail for approximately ten weeks One of Rubenstein's relatives made restitution in whole or in part of the sum alleged to have been embezzled. For this, and other reasons, Rubenstein thought or believed he would be placed upon probation. One of the Assistant County Solicitors by letter recommended that a probation order be entered. The Probation Officer of Polk County examined and investigated Rubenstein. Physicians were appointed to inquire into Rubenstein's mental condition.
On March 27, 1950, upon arraignment, Rubenstein entered a plea of guilty. He did not at the time have an attorney. On May 2, 1950, the trial court sentenced Rubenstein to serve a period of five years in the State Prison at hard labor for his crime of embezzlement. He shortly thereafter obtained counsel and applied to the Court for permission to withdraw his plea of guilty previously entered.
The grounds of the motion to withdraw are viz:
'1. That before entering the plea of guilty on March 27, 1950, this defendant's uncle was promised and assured by an assistant County Solicitor of this Court that if defendant would enter a plea of guilty that he would not receive a prison sentence but would be allowed probation on terms permitting him to return to Wayne County, Michigan;
'2. That at the time he entered the plea of guilty defendant was not represented by counsel, was ignorant of the law, was not aware of the seriousness of the charge against him, and was not advised or informed of the probable consequence which might result from a plea of guilty;
'3. That defendant relied entirely upon the understanding that he would be given probation and would not be sentenced to serve time or pay a fine if he entered a plea of guilty, and that such plea was entered under a misunderstanding of defendant's rights and under hope and promise of leniency offered and held out to him by the State of Florida, otherwise defendant would not have entered a plea of guilty;
'4. That defendant stands ready to go to trial on the charge against him;
'Wherefore, defendant prays that he be permitted to withdraw his plea of guilty, that the judgment and sentence heretofore entered against him be set aside and vacated, and that he be permitted to enter a plea of not guilty and stand trial on the charge against him.'
The trial Court heard evidence on the aforesaid motion and thereafter entered an order overruling and denying the motion to withdraw the plea of guilty previously entered. We have examined the evidence certified to this Court and find an unbroken thread of evidence sustaining the view that the appellant Rebenstein, at the time of filing the plea of guilty,...
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Reddick v. State, 6551
...and Coercion. Canada v. State, 1940, 144 Fla. 633, 198 So. 220; Artigas v. State, 1940, 140 Fla. 671, 192 So. 795; Rubenstein v. State, Fla.1951, 50 So.2d 708; Asbey v. State, Fla.App.1958, 102 So.2d 407; Hill v. State, Fla.App.1959, 110 So.2d 464; Roberts v. State, Fla.App.1962, 142 So.2d ......
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...v. State, Fla.App., 102 So.2d 407; Morgan v. State, Fla.App., 142 So.2d 308; Roberts v. State, Fla.App., 142 So.2d 152; Rubenstein v. State, Fla.App. Fla., 50 So.2d 708. Thus, if a defendant pleads guilty to a felony without the assistance of counsel at his arraignment, a subsequent request......
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Sardinia v. State
...v. State, Fla.App., 102 So.2d 407; Morgan v. State, Fla.App., 142 So.2d 308; Roberts v. State, Fla.App., 142 So.2d 152; Rubenstein v. State, Fla.App., 50 So.2d 708. Thus, if a defendant pleads guilty to a felony without the assistance of counsel at his arraignment, a subsequent request to w......
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