Clay v. State

Citations

• 82 Fla. 83
• 89 So. 353

Syllabus

<p>CRIMINAL LAW — WITHDRAWING INVOLUNTARY PLEA OF “GUILTY” — DISCRETION OF THE COURT IN REFUSAL TO PERMIT IS REVIEWABLE BY APPELLATE COURT</p> <p>1. Though the trial courts have a discretion in granting or refusing to grant permission to withdraw a plea of “guilty” on a trial of a criminal charge, and to substitute in its stead a plea of not guilty, or a plea in bar, yet the exercise of such discretion is reviewable by the appellate court.</p> <p>2. The plea of guilty to a serious criminal charge should be freely and voluntarily made and entered by the accused, without a semblance of coercion, and without fear or duress of any kind, and the accused should be permitted to withdraw a plea of guilty entered unadvisedly, when application therefor is duly made in good faith and sustained by proof, and proper offer is made to go to trial on a plea of not guilty, or other valid plea.</p> <p>3. The law favors trials on the merits, and if the discretion of the trial court is abused in denying leave to withdraw a plea of guilty, and to go to trial on the merits, the appellate court may 'interfere.</p>