Pope v. State

Citations

• 56 Fla. 81

Syllabus

<p>1. In a criminal prosecution a defendant has a right to .plead guilty; and the effect of such a -plea is -to authorize the imposition of the sentence prescribed by law upon a verdict of guilty of -the crime sufficiently charged in the indictment or information.</p> <p>2. A plea of guilty should be entirely voluntary by one competent to know the consequences,' and should not -be induced by fear, misapprehension, persuasion, promises, inadvertence or ignorance.</p> <p>3. While the trial court may exercise discretion in permitting or refusing to permit a plea -of guilty to be withdrawn for the purpose of pleading not guilty, yet such discretion is subject to review by an appellate court.</p> <p>4. A defendant should be permitted to 'withdraw a plea of guilty given unadvisedly when application therefor is - duly made in good faith and sustained by proofs, and proper offer is made to go to trial on a plea of not guilty.</p> <p>5. 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> <p>6. Where a defendant deliberately -pleads guilty to a criminal charge under circumstances that should reasonably have prompted hi-m and his counsel to be prepared to meet -the charge, and no motion is made for leave to withdraw the plea of guilty till after the State witnesses have been discharged, and there is no direct allegation or proof that 'the plea was entered under mental weakness, mistake, surprise, misapprehension, fear, promise or other circumstances that put the defendant at a disadvantage in protecting his rights, the discretion of the trial court is not sh'own to have been abused in refusing- permission to withdraw the plea of -guilty.</p> <p>7. Where a bill of exceptions is made up and authenticated under Special Rule 3 and the bill of exceptions does not contain an authenticated statement that all the evidence is incl