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Cannon v. State

Cannon v. State, 317 So. 2d 459 (Fla. Dist. Ct. App. 1975)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
August 7, 1975
Docket
No. W-8
Judges
Mills
Citations
317 So. 2d 459

Opinion

317 So.2d 459 (1975)

Johnny CANNON, Appellant,

v.

STATE of Florida, Appellee.

No. W-8.

District Court of Appeal of Florida, First District.

August 7, 1975.

*460 Richard W. Ervin, III, Public Defender; and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Raymond L. Marky, Asst. Atty. Gen., for appellee.

MILLS, Judge.

Appellant-defendant seeks reversal of his conviction, entered pursuant to a plea of guilty, for possession of heroin, and a two-year sentence thereon. The sole ground for reversal is that the trial court erred in accepting defendant's plea of guilty without determining that there was a factual basis for the plea as required by Rule of Criminal Procedure 3.170(j).

Violation of a procedural rule does not call for reversal of a conviction unless the record discloses that noncompliance resulted in prejudice to the defendant. Richardson v. State, 246 So.2d 771 (Fla. 1971).

A defendant has the burden of proving prejudice or manifest injustice. Defendant here does not contend nor does the record show that he was prejudiced or manifest injustice resulted.

The record presented to us clearly reflects:

1. defendant voluntarily entered the plea;

2. defendant understood the consequences;

3. pursuant to plea bargaining, the trial court agreed to and did impose a two-year sentence though the maximum penalty was five years.

Affirmed on authority of Williams v. State, 316 So.2d 267 (Fla. 1975).

BOYER, C.J., and McCORD, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11978: 21986: 21987: 119762026peak 1978 · 2

Relies on it most ⓘ

  1. Smith v. State500 So. 2d 125 (Fla. 1986)
  2. Leeman v. State357 So. 2d 703 (Fla. 1978)
  3. Stradtman v. State334 So. 2d 100 (Fla. Dist. Ct. App. 1976)
  4. Panno v. State517 So. 2d 129 (Fla. Dist. Ct. App. 1987)
  5. Smith v. State499 So. 2d 912 (Fla. Dist. Ct. App. 1986)
  6. Leeman v. State357 So. 2d 693 (Fla. 1978)

Most recent

  1. Panno v. State517 So. 2d 129 (Fla. Dist. Ct. App. 1987)
  2. Smith v. State500 So. 2d 125 (Fla. 1986)
  3. Smith v. State499 So. 2d 912 (Fla. Dist. Ct. App. 1986)
  4. Leeman v. State357 So. 2d 703 (Fla. 1978)
  5. Leeman v. State357 So. 2d 693 (Fla. 1978)
  6. Stradtman v. State334 So. 2d 100 (Fla. Dist. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Richardson v. State, 246 So. 2d 771 (Fla. 1971) 901
Williams v. State, 316 So. 2d 267 (Fla. 1975) 232
Aetna Ins. Co. v. Superior Dairies, Inc., 317 So. 2d 459 (Fla. Dist. Ct. App. 1975) 1

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