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CASES

By Jeffrey Ivashuk

Criminal law -- Plea to armed robbery and attempted felony murder must be overturned because facts do not support armed robbery charge, which was based on defendant's use of an automobile as a weapon -- Appeals -- In those cases where the record affirmatively demonstrates the crime to which defendant pled guilty could not have occurred, fundamental error occurs -- Right to appeal not waived by entry of negotiated plea under circumstances of this case in which both charging information and factual basis presented to support the plea affirmatively demonstrate that the crime to which defendant pled could not have taken place -- Trial court may either enter conviction for simple robbery and resentence defendant as to that count or allow defendant to withdraw plea and face trial on original charge, minus the armed component of the robbery -- State shall have option of determining how to proceed on remand - Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 31, 2008 (boomark / email).