Boyette v. State

Full title: SAMUEL THEODORE BOYETTE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 2, 1975

311 So. 2d 786 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-445.

May 2, 1975.

Appeal from the Circuit Court, St. Lucie County, Wallace Sample, J.

Richard L. Jorandby, Public Defender, and Lois J. Frankel, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Upon consideration of the briefs and record on appeal and having heard oral argument we are of the view that the failure to ascertain a factual basis for defendant's plea of guilty is not reversible error particularly where, as here, the defendant alleged no prejudice for failure to follow Rule 3.170(j), FRCrP. Accordingly, we affirm upon the authority of Estes v. State, Fla.App. 1974, 294 So.2d 122; Hall v. State, Fla.App. 1974, 303 So.2d 417; but see Lyles v. State, Fla.App. 1974, 299 So.2d 146.

Affirmed.

WALDEN and MAGER, JJ., and MOE, LEROY H., Associate Judge, concur.