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516 So. 2d 1140

516 So.2d 1140

13 Fla.L.Weekly 87

Huot v. State

District Court of Appeal of Florida

Decided December 23, 1987

District Court of Appeal of Florida · decided 1987-12-23

Key passage — most relied on by later courts

“Failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty. See Green v. State, 406 So.2d 1148 (Fla. 1st DCA 1981), approved, 421 So.2d 508 (Fla. 1982).”

quoted by 1 later decision, including 585 So. 2d 350 - Brown v. State

Relies on State v. Green · 406 So. 2d 1148 - Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-23

How this case has been cited

Cited by 4 later decisions — most recently April 2011

4 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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HERSEY, Chief Judge.

¶1Andre Huot appeals his conviction of possession of an automobile with an altered vehicle identification number and grand theft. He also appeals the trial court’s *1141denial of his motion to withdraw his guilty plea.

¶2Various errors are suggested by appellant. We treat only one, as we find it dispositive. Huot entered a plea of guilty. There was no plea bargain. He was not advised of the possible penalties. Rule 3.172(c)(i), Florida Rules of Criminal Procedure, mandates that the defendant be advised of “[t]he nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law....”

¶3Failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty. See Green v. State, 406 So.2d 1148 (Fla. 1st DCA 1981), approved, 421 So.2d 508 (Fla.1982).

¶4We therefore reverse and remand with directions to permit the appellant to withdraw his plea of guilty.

¶5REVERSED AND REMANDED.

ANSTEAD and DELL, JJ., concur.
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