Boyette v. State, 311 So. 2d 786 (Fla. 4th DCA 1975). · Go Syfert
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Samuel Theodore BOYETTE
v.
STATE of Florida
No. 74-445.
District Court of Appeal of Florida, Fourth District.
May 2, 1975.
Published opinion
311 So. 2d 786
1975 Fla. App. LEXIS 15120
Richard L. Jorandby, Public Defender, and Lois J. Frankel, Asst. Public Defender, West Palm Beach, for appellant., Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.
Leroy, Mager, Moe, Walden.
Cited by 2 opinions  |  Published
PER CURIAM.

Upon consideration of the briefs and record on appeal and having heard oral argument we are of the view that the failure to ascertain a factual basis for defendant’s plea of guilty is not reversible error particularly where, as here, the defendant alleged no prejudice for failure to follow Rule 3.170(j), FRCrP. Accordingly, we affirm upon the authority of Estes v. State, Fla.App.1974, 294 So.2d 122; Hall v. State, Fla.App.1974, 303 So.2d 417; but see Lyles v. State, Fla.App. 1974, 299 So.2d 146.

Affirmed.

WALDEN and MAGER, JJ., and MOE, LEROY H., Associate Judge, concur.