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620 So. 2d 1075

Miles v. State

District Court of Appeal of Florida · decided 1993-06-23

Cited by 3 later decisions — most recently April 2019

3 state decisions

Key passage — most relied on by later courts

“had the effect of no plea ever having been entered.”

quoted by 1 later decision, including 268 So. 3d 995 - VERONICA ELDER v. STATE OF FLORIDA

Relies on Bell v. State · 265 So. 2d 50 - Broome v. Tejon · 509 So. 2d 1360 - State v. McClain

Good law ✅— No negative treatment on recordhow we know

Decided 1993-06-23

View the full empirical analysis of this case →

PATTERSON, Judge.

¶1We are compelled to reverse in this case because sentence was inadvertently imposed without the benefit of a prior plea of guilty or nolo contendere.

¶2On September 26, 1990, Miles entered pleas of guilty to dealing in stolen property and grand theft. He received a suspended prison sentence and was placed on community control. Miles was subsequently charged with burglary and petit theft, which became the basis for the revocation of his community control. Miles admitted the violation and was sentenced to prison on all of the charges. Subsequently, the trial judge, concerned with Miles’ competency, recalled the cases and said on the record:

The Court is going to set aside that sentence, set aside that plea. The Court is going to set aside every proceeding we had this morning on Alfonso Louis [sic] Miles.
The Court is going to revoke everything it has done.

¶3The court then ordered a competency evaluation of Miles.

¶4On April 25, 1991, after review of the competency evaluation, Miles again appeared before the court. Without commencing a renewed plea procedure, he was again sentenced to prison. Because the court’s prior vacating of Miles’ pleas had the effect of no plea ever having been entered, see State v. McClain, 509 So.2d 1360 (Fla. 2d DCA 1987); Bell v. State, 262 So.2d 244 (Fla. 4th DCA), cert. denied, 265 So.2d 50 (Fla.1972), the court was without authority to impose sentence.

¶5We therefore reverse and remand for new proceedings on the violations of community control and the new charges which constituted the basis for that violation.

DANAHY, A.C.J., and LEHAN, J., concur.
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