RICHARD L. HOFFMAN AND KENNETH V. DAWES, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the ends of justice would best be served by allowing defendants to withdraw their nolo contendere pleas and enter pleas of not guilty.
Defendants pleaded nolo contendere to violations of Chapter 517, F.S.1967. They moved to withdraw these pleas before adjudication and sentencing, whic…
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Defendants, charged with certain violations of Chapter 517, F.S.1967, F.S.A., entered pleas of nolo contendere but prior to adjudication and sentencing moved for leave to withdraw such pleas and substitute pleas of not guilty. The denial of such motions is assigned as error on the consolidated appeals from the judgment and sentence entered in the respective cases.
We believe that on the basis of the facts disclosed by the record the ends of justice will best be served by allowing appellants to substitute pleas of not guilty for their pleas of nolo contendere and to accord them a trial on the merits. See Rubenstein v. State, Fla.1951, 50 So.2d 708; Canada v. State, 1940, 144 Fla. 633, 198 So. 220; Brown v. State, 1926, 92 Fla. 592, 109 So. 627; Riddle v. State, Fla.App.1968, 212 So.2d 122; Jackman v. State, Fla.App. 1964, 160 So.2d 554; Banks v. State, Fla. App.1962, 136 So.2d 25.
In view of our disposition of these appeals, we do not pass upon the constitutional question raised by appellants. The judgments and sentences are severally vacated and these cases remanded for further proceedings consistent herewith.
Reversed and remanded.
WALDEN, C. J., and McCAIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. State, 92 Fla. 592 (Fla. 1926)
- Canada v. State, 144 Fla. 633 (Fla. 1940)
- Artis Banks v. State, 136 So. 2d 25 (Fla. 1st DCA 1962)
- Rubenstein v. State, 50 So. 2d 708 (Fla. 1951)
- Jackman v. State, 160 So. 2d 554 (Fla. 3d DCA 1964)
- Riddle v. State, 212 So. 2d 122 (Fla. 2d DCA 1968)