Wood v. State, GG-357

CourtCourt of Appeal of Florida (US)
Citation354 So.2d 134
Docket NumberNo. GG-357,GG-357
PartiesJerry Douglas WOOD, Appellant, v. STATE of Florida, Appellee.
Decision Date25 January 1978

Michael J. Minerva, Public Defender, Judith J. Dougherty, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., A. S. Johnston, Asst. Atty. Gen., for appellee.

MILLS, Judge.

The State filed an information charging Wood with willfully failing to appear for trial on felony charges contrary to Section 843.15(1)(b), Florida Statutes (1975). Wood pled guilty and was sentenced to five years in prison less 128 days time served. Wood now appeals and contends that he was confused as to whether he pled to a felony or a misdemeanor; that he was not permitted to consult with his attorney concerning his request to withdraw his guilty plea; that he was not granted additional time to present mitigating evidence prior to sentencing; and that the allegations of the information were insufficient to support his adjudication of guilt.

Initially, Wood pled not guilty but later changed his plea to guilty. When this was done the trial court clearly informed Wood and his attorney that Wood was charged with a felony known as failure to appear at a court proceeding which was a felony of the third degree and punishable by a maximum sentence of five years. Wood stated that he had given his attorney sufficient information to enter the plea and that he agreed to the plea. Wood and his attorney understood he was pleading guilty to a felony.

It is clear from the record that Wood and his attorney understood that Wood was pleading guilty to a felony and that the attorney was close to trifling with the court when she asked for a moment to speak to her client about withdrawing his guilty plea when she had already had two months to do this.

Wood and his attorney had approximately two months to prepare his presentation of mitigating circumstances prior to sentencing but apparently did nothing. At the sentencing proceeding, the court properly denied Wood's request for additional time.

The information alleged a violation contrary to Section 843.15(1)(b) when it should have alleged Section 843.15(1)(a). This is of no consequence however. The information charged Wood with a felony. The court informed him he was charged with a felony punishable as a third degree felony. Wood agreed to enter a plea of guilty to the felony charge. Fla.R.Crim.P. 3.140(d)(1) provides that an error in a citation shall not be a...

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5 cases
  • Jordan v. State, 97-2002
    • United States
    • Court of Appeal of Florida (US)
    • September 16, 1998
    ...Mosely v. State, 688 So.2d 999, 999-1000 (Fla. 2d DCA 1997); Sanders v. State, 386 So.2d 256, 257 (Fla. 5th DCA 1980); Wood v. State, 354 So.2d 134, 135 (Fla. 1st DCA 1978); Tukes v. State, 346 So.2d 1056, 1056 (Fla. 1st DCA 1977); King v. State, 336 So.2d 1200, 1202 (Fla. 2d DCA 1976).4 Th......
  • Lashley v. Sec'y Fla. Dep't of Corr.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • January 23, 2023
    ...he solicited a parent instead of the child directly. Therefore, the incorrect statutory citation “is of no consequence”. Wood v. State, 354 So.2d 134, 135 (Fla. 1st DCA 1978) (“The information alleged a violation contrary to Section 843.15(1)(b) when it should have alleged Section 843.15(1)......
  • Vileta v. State, 83-2397
    • United States
    • Court of Appeal of Florida (US)
    • August 31, 1984
    ...burglary, a violation of section 810.02(2), and no prejudice resulted to defendant due to the incorrect citation. See Wood v. State, 354 So.2d 134 (Fla. 1st DCA), cert. denied, 361 So.2d 836 (Fla.1978); King v. State, 336 So.2d 1200 (Fla. 2d DCA 1976), cert. denied, 345 So.2d 424 (Fla.), ce......
  • Todd v. State, 93-926
    • United States
    • Court of Appeal of Florida (US)
    • December 28, 1994
    ...at 482. Cf. Janes v. State, 585 So.2d 424 (Fla. 1st DCA 1991); Leonetti v. State, 418 So.2d 1192 (Fla. 5th DCA 1982); Wood v. State, 354 So.2d 134 (Fla. 1st DCA 1978), cert. denied, 361 So.2d 836 Affirmed. 1 The pertinent provisions of the statute provide:(c) Any person who knowingly sells,......
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