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50 So. 2d 708

Rubenstein v. State

Supreme Court of Florida

Decided February 20, 1951.

Supreme Court of Florida · decided 1951-02-20

Key passage — most relied on by later courts

““Generally, however, it may be said that the withdrawal of a plea of guilty should not be denied in any case where it is in the least evident that the ends of justice will! be subserved by permitting not guilty to be pleaded in its place. The least surprise or influence causing a defendant to plead guilty when he has any defense at all should be sufficient grounds for permitting a change of plea from guilty to not guilty. Leave should ordinarily be given to withdraw a plea of guilty if it was entered by mistake or under a misconception of the nature of the charge, through a misunderstanding as to its effect; through fear, fraud or official misrepresentation; was made involuntarily for any reason; or even where it was entered inadvisedly, if any reasonable ground is offered for going to the jury. If such a plea has been received by the court without observance of the precautions and solemnities required by law, the court should permit the plea to be withdrawn. On the other hand, if a defendant, with full knowledge of the charge against him and of his rights and the consequences of a plea of guilty, enters such a plea understandingly and without fear or persuasion, the court may, without abusing its discretion, refuse to permit him to withdraw it.””

quoted by 3 later decisions, including Jackman v. State, 745 So. 2d 469 - State v. Rajaee

Relies on Nickels v. State · Pope v. State · Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1951-02-20

How this case has been cited

Cited by 17 later decisions — most recently November 1999

1 federal appellate · 16 state decisions

10019511960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*709 Walter W. Manley and Kelly & Manley, Lakeland, for appellant.

¶2Richard W. Ervin, Atty. Gen., and Murray Sams, Jr., Asst. Atty. Gen., for appellee.

¶3CHAPMAN, Justice.

¶4The appellant, David Rubenstein, on September 24, 1949, was informed against for the crime of embezzlement by the County Solicitor of Polk County, Florida. He was taken into custody and incarcerated in the Polk County jail for approximately ten weeks One of Rubenstein's relatives made restitution in whole or in part of the sum alleged to have been embezzled. For this, and other reasons, Rubenstein thought or believed he would be placed upon probation. One of the Assistant County Solicitors by letter recommended that a probation order be entered. The Probation Officer of Polk County examined and investigated Rubenstein. Physicians were appointed to inquire into Rubenstein's mental condition.

¶5On March 27, 1950, upon arraignment, Rubenstein entered a plea of guilty. He did not at the time have an attorney. On May 2, 1950, the trial court sentenced Rubenstein to serve a period of five years in the State Prison at hard labor for his crime of embezzlement. He shortly thereafter obtained counsel and applied to the Court for permission to withdraw his plea of guilty previously entered.

¶6The grounds of the motion to withdraw are viz:

¶7"1. That before entering the plea of guilty on March 27, 1950, this defendant's uncle was promised and assured by an assistant County Solicitor of this Court that if defendant would enter a plea of guilty that he would not receive a prison sentence but would be allowed probation on terms permitting him to return to Wayne County, Michigan;

¶8"2. That at the time he entered the plea of guilty defendant was not represented by counsel, was ignorant of the law, was not aware of the seriousness of the charge against him, and was not advised or informed of the probable consequence which might result from a plea of guilty;

¶9"3. That defendant relied entirely upon the understanding that he would be given probation and would not be sentenced to serve time or pay a fine if he entered a plea of guilty, and that such plea was entered under a misunderstanding of defendant's rights and under hope and promise of leniency offered and held out to him by the State of Florida, otherwise defendant would not have entered a plea of guilty;

¶10"4. That defendant stands ready to go to trial on the charge against him;

¶11"Wherefore, defendant prays that he be permitted to withdraw his plea of guilty, that the judgment and sentence heretofore entered against him be set aside and vacated, and that he be permitted to enter a plea of not guilty and stand trial on the charge against him."

¶12The trial Court heard evidence on the aforesaid motion and thereafter entered an order overruling and denying the motion to withdraw the plea of guilty previously entered. We have examined the evidence certified to this Court and find an unbroken thread of evidence sustaining the view that the appellant Rubenstein, at the time of filing the plea of guilty, thought or believed that he would be by the trial court by an appropriate order paroled and not sentenced to the State Prison as was done for a term of years. Immediately after the entry of the prison sentence appellant obtained counsel and applied to the court below for the privilege of withdrawing the plea of guilty and then and there offered to go to trial on the embezzlement information.

¶13In the case of Canada v. State, 144 Fla. 633, 198 So. 220, we held that the withdrawal of a plea of guilty should not be denied in any case where it is in the least evident that the ends of justice will be subserved by permitting a plea of not guilty in its place. Courts ordinarily will permit a plea of guilty to be withdrawn if it fairly appears that the defendant was in ignorance of his rights and of the consequences of his acts, or was influenced unduly and improperly, *710 either by hope or by fear in making it, or if it appears that the plea was entered under some mistake or misapprehension. The plea of guilty should not be induced by fear, persuasion, promises, inadvertence or ignorance. See Pope v. State, 56 Fla. 81, 47 So. 487, 16 Ann.Cas. 972; Clay v. State, 82 Fla. 83, 89 So. 353; Brown v. State, 92 Fla. 592, 109 So. 627; Nickels v. State, 86 Fla. 208, 98 So. 497, 502, 99 So. 121; Casey v. State, 116 Fla. 3, 156 So. 282; Eckles v. State, 132 Fla. 526, 180 So. 764; Sinclari v. State, 133 Fla. 77, 182 So. 637; Artigas v. State, 140 Fla. 671, 192 So. 795; Wenrich v. State, 159 Fla. 492, 32 So.2d 11.

¶14The judgment is reversed and the cause remanded for further proceedings.

¶15THOMAS, ADAMS, HOBSON and ROBERTS, JJ., concur.

¶16SEBRING, C.J., dissents.

¶17TERRELL, J., not participating.

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