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Melton v. State

District Court of Appeal of Florida, First District
Jun 28, 1996
674 So. 2d 870 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-963.

May 28, 1996. Rehearing Denied June 28, 1996.

An appeal from the Circuit Court for Duval County. R. Hudson Olliff, Judge.

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Richard Parker, Assistant Attorney General, Tallahassee, for Appellee.


Appellant pled guilty to burglary after the trial court informed him that the court would not accept a nolo contendere plea. Because appellant's "straight up" nolo plea was proper and authorized, the trial court should not have rejected the plea. See Boykin v. Garrison, 658 So.2d 1090 (Fla. 4th DCA), rev. denied, 664 So.2d 248 (Fla. 1995). We will treat the plea as one of nolo contendere, and we affirm the remaining issue on the authority of Dennis v. State, 673 So.2d 881 (Fla. 1st DCA 1996). We remand the case to the trial court for correction of the judgment, which is affirmed as corrected.

MINER and LAWRENCE, JJ., and SMITH, Senior Judge, concur.


Summaries of

Melton v. State

District Court of Appeal of Florida, First District
Jun 28, 1996
674 So. 2d 870 (Fla. Dist. Ct. App. 1996)
Case details for

Melton v. State

Case Details

Full title:CHRISTOPHER MELTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 28, 1996

Citations

674 So. 2d 870 (Fla. Dist. Ct. App. 1996)