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Gable v. State

District Court of Appeal of Florida, Second District
Feb 13, 1974
290 So. 2d 561 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-516.

February 13, 1974.

Appeal from the Polk County Circuit Court, John Dewell, J.

James A. Gardner, Public Defender, Sarasota, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant was charged with child molesting pursuant to Section 800.04, Florida Statutes, F.S.A. A plea of nolo contendere was accepted by the trial court after a diligent inquiry to determine whether said plea was freely and voluntarily entered. Subsequently, the appellant was sentenced to serve a period of ten years in the state penitentiary upon the trial court's adjudication of the appellant's guilt to the charges set forth in the information.

Conviction under Section 800.04, Florida Statutes, F.S.A., brings the appellant within the purview of Chapter 801, Florida Statutes, F.S.A. Baker v. State, Fla.App. 2d 1967, 194 So.2d 687, and Baker v. State, Fla.App.2d 1968, 206 So.2d 441. In Wolf v. State, Fla.App.2d 1973, 282 So.2d 668, under substantially similar circumstances, it was established that strict compliance with Section 801.051 was mandatory.

The record in this case is devoid of any indication that Section 801.051, Florida Statutes, F.S.A., was complied with. Accordingly, under the authority of Wolf, supra, we must remand the case to the trial court for proceedings in compliance with the provisions of Chapter 801.

MANN, C.J., and HOBSON and BOARDMAN, JJ., concur.


Summaries of

Gable v. State

District Court of Appeal of Florida, Second District
Feb 13, 1974
290 So. 2d 561 (Fla. Dist. Ct. App. 1974)
Case details for

Gable v. State

Case Details

Full title:JAMES GABLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 13, 1974

Citations

290 So. 2d 561 (Fla. Dist. Ct. App. 1974)