386 So. 2d 859 | Fla. Dist. Ct. App. | 1980
James G. Thomas pled guilty on March 6, 1979, to two counts of robbery, one count of aggravated assault, one count of fleeing a police officer and one count of obstructing or opposing an officer with violence. On July 24, 1980, Thomas moved for postcon-viction relief under Florida Rule of Criminal Procedure 3.850. He alleged in his motion that he did not understand that the offenses with which he was charged carried a three-year mandatory minimum sentence, and that he was denied effective assistance of counsel.
Florida Rule of Criminal Procedure 3.172(c), Acceptance of Guilty or Nolo Con-tendere Plea, requires that, “the trial judge . shall address the defendant personally and shall determine that he understands the following: (i) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any . . . .”
The record shows that the trial court conducted a colloquy to determine the vol-untariness of the plea. It does not indicate, however, that the court determined that Thomas understood that the charges to which he pled required it to impose a three-year minimum sentence.
We remand for the trial court to hold an evidentiary hearing to determine whether Thomas understood that these offenses required the court to impose a minimum three-year sentence. If not, the court must give him an opportunity to withdraw his plea. Norris, 343 So.2d at 964-65.
. Otherwise, the colloquy established the vol-untariness of Thomas’ plea.
