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508 So. 2d 473

508 So.2d 473

12 Fla.L.Weekly 1390

Meredith v. State

District Court of Appeal of Florida · decided 1987-06-03

Relies on Dydek v. State · 446 So. 2d 1079 - Maselli v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-03

How this case has been cited

Cited by 5 later decisions — most recently January 2012

5 state decisions

201987199020002010decided

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.

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PER CURIAM.

¶1We reverse and remand with instructions to allow Peter A. Meredith to withdraw his plea to first degree murder and to proceed to trial.

¶2We do this because the trial court should not have accepted the defendant’s plea without first determining whether there was a factual basis for the plea. See Rule 3.172(a), Fla.R.Crim.P.; Maselli v. State, 446 So.2d 1079 (Fla.1984); and Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981). Such determination was not adequately made and this resulted in manifest injustice to the defendant. The material in the file upon which the trial court relied reflects a lack of the essential element of premeditation and, hence, there is no factual basis for the charge of first degree murder.

¶3Reversed and Remanded.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
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