Huot v. State, 516 So. 2d 1140 (Fla. 4th DCA 1987). · Go Syfert
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Huot v. State, 516 So. 2d 1140 (Fla. 4th DCA 1987). Cases Citing This Book View Copy Cite
“failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty.”
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examined Cited as authority (verbatim quote) Horn v. State
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failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty.
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Andre HUOT
v.
STATE of Florida
No. 87-0821.
District Court of Appeal of Florida, Fourth District.
Dec 23, 1987.
516 So. 2d 1140
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant., Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.
Anstead, Dell, Hersey.
Cited by 4 opinions  |  Published
HERSEY, Chief Judge.

Andre Huot appeals his conviction of possession of an automobile with an altered vehicle identification number and grand theft. He also appeals the trial court’s[*1141] denial of his motion to withdraw his guilty plea.

Various errors are suggested by appellant. We treat only one, as we find it dispositive. Huot entered a plea of guilty. There was no plea bargain. He was not advised of the possible penalties. Rule 3.172(c)(i), Florida Rules of Criminal Procedure, mandates that the defendant be advised of “[t]he nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law....”

Failure to advise a defendant of a maximum possible sentence prevents the defendant from being properly apprised of the significance of his plea and is therefore error for which the defendant must be afforded the opportunity to withdraw a plea of guilty. See Green v. State, 406 So.2d 1148 (Fla. 1st DCA 1981), approved, 421 So.2d 508 (Fla.1982).

We therefore reverse and remand with directions to permit the appellant to withdraw his plea of guilty.

REVERSED AND REMANDED.

ANSTEAD and DELL, JJ., concur.