Turner v. State, 616 So. 2d 194

PER CURIAM.

Because the record reflects that (1) the trial court did not, after conducting a plea colloquy, formally accept the defendant Carl Turner‘s proffered plea of guilty to first-degree murder as required by Fla. R.Crim.P. 3.172(f), and (2) the defendant, prior to sentencing, requested permission of the trial court to withdraw his guilty plea, we conclude that the trial court committed reversible error in denying the defendant‘s request to withdraw his guilty plea. Under these circumstances, the defendant had an absolute right to withdraw his plea prior to sentencing “without any necessary justification.” Fla.R.Crim.P. 3.172(f). See, e.g., McCoy v. State, 613 So.2d 612 (Fla. 4th DCA 1993); Bass v. State, 541 So.2d 1336 (Fla. 4th DCA 1989); Howard v. State, 516 So.2d 31 (Fla. 1st DCA 1987); Harden v. State, 453 So.2d 550 (Fla. 4th DCA 1984).

The final judgment of conviction and sentence under review is reversed, and the cause is remanded to the trial court with directions to allow the defendant to withdraw his guilty plea and proceed to a jury trial.

Reversed and remanded.

Case Details

Case Name: Turner v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 13, 1993

Citations: 616 So. 2d 194; 1993 WL 107977; 92-756, 92-757

Docket Number: 92-756, 92-757

Court Abbreviation: Fla. Dist. Ct. App.