The 2024 Florida Statutes
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. . . . § 90.410 (“an offer to plead guilty” and “statements made in connection with any of the pleas or offers . . .
. . . message and conversation with Detective Monte constitute inadmissible plea negotiations under section 90.410 . . . Section 90.410, Florida Statutes, declares: Evidence of a plea of guilty, later withdrawn; a plea of . . .
. . . to whether the defendant should accept an outstanding plea offer is inadmissible pursuant to section 90.410 . . . Section 90.410 reads: Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an . . . Section 90.410 was “ ‘adopted to promote plea bargaining by allowing a defendant to negotiate without . . . . § 90.410, Fla. Stat. (2011) (emphasis added). . . . Appellant’s statements were not made “in connection with” an offer to plead, as contemplated by section 90.410 . . .
. . . . § 90.410 (“Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to . . .
. . . Under section 90.410, Florida Statutes (2010), “[e]vidence of ... an offer to plead guilty or nolo contendere . . . viewed as communicating evidence of an offer to the jury, it was clearly inadmissible under section 90.410 . . .
. . . Appellant asserts that trial counsel should have moved to have these statements excluded under section 90.410 . . . Section 90.410, Florida Statutes, provides: Evidence of a plea of guilty, later withdrawn; a plea of . . .
. . . courts decision to permit the State to introduce his confession letter into evidence •violated section 90.410 . . . Section 90.410 of the Florida Statutes provides: 90.410. . . . offers is inadmissible, except when such statements are offered in a prosecution under chapter 837. § 90.410 . . .
. . . Section 90.410, Florida Statutes (2007), provides that “[ejvidence of statements made in connection with . . .
. . . I will like to avoid the trial and have some kind of plea agreement,” is inadmissible under section 90.410 . . . See § 90.410, Fla. . . . THE STATUTE AND RULE Section 90.410, Florida Statutes, provides: Evidence of a plea of guilty, later . . . This Court has explained that section 90.410 and rule 3.172® were “adopted to promote plea bargaining . . . Hence, courts are initially bound to apply the terms of section 90.410 and rule 3.172(i) according to . . . Robertson, 582 F.2d 1356 (5th Cir.1978), for determining whether a statement falls under section 90.410 . . . Section 90.410, Rule 3.172(i), and this Court’s Precedent Section 90.410, Florida Statutes, provides: . . . Since we decided Stevens in 1982, the key question in this Court’s analysis regarding section 90.410 . . . example, unilateral and unsolicited statements by the defendant are not included within the section 90.410 . . . § 90.410, Fla. Stat.; cf. Owen v. State, 986 So.2d at 545. . . .
. . . Rule 3.172(i) restates section 90.410, Florida Statutes (2006). . . . As explained in Richardson, neither rule 3.172(i) nor section 90.410 require that a plea bargain be completed . . . offers to plead in exchange for certain concessions are inadmissible under rule 3.172(i) and section 90.410 . . .
. . . Section 90.410, Florida Statutes (1999), provided that “[e]vidence of statements made in connection with . . .
. . . statements during a polygraph examination conducted as a condition of ongoing plea negotiations, see § 90.410 . . .
. . . offers to plead guilty or made in connection with plea negotiations and thus, inadmissible under section 90.410 . . . I will like to avoid the trial and have some kind of plea agreement,” is inadmissible under section 90.410 . . . the statements made by Cal-abro “were offers for a plea agreement and are inadmissible pursuant to § 90.410 . . . Section 90.410, Florida Statutes (2005), provides that: Evidence of a plea of guilty, later withdrawn . . .
. . . We also reject Behm’s argument that section 90.410 prohibits consideration of his criminal case as a . . . This section provides: 90.410. . . . We conclude that section 90.410, like its federal and state counterparts, would not bar consideration . . . Section 90.410 seems intended to protect the criminal defendant who pleads no contest from future liability . . . Cohen, 659 So.2d 1064, 1068 (Fla. 1995) (section 90.410 speaks only to the admission into evidence of . . .
. . . the. charges and evidence concerning the pleas would have been inadmissible at trial under section 90.410 . . . Section 90.410 and the Evidentiary Issue In their second point, the appellants challenge the evidentiary . . . Cira to deprive the circuit court of evidence concerning his pleas by invoking the bar of section 90.410 . . . We need not decide whether section 90.410 makes evidence of Mr. . . . Section 90.410 addresses the latter but not the former. We hold that the order placing Mr. . . .
. . . . § 90.410, Fla. Stat. (2003). . . .
. . . present evidence of his prior convictions, resulting from his nolo contendere pleas, pursuant to section 90.410 . . .
. . . first argues that appellate counsel was ineffective for failing to argue the State violated section 90.410 . . . Section 90.410, Florida Statutes (2001), reads: "Evidence of a plea of guilty, later withdrawn; a plea . . .
. . . ruling that an incriminating statement he made was an admission not subject to exclusion under section 90.410 . . . In so finding, we note the fairly broad scope of the applicable criminal rule and statute, section 90.410 . . . See § 90.410, Fla. . . . (emphasis added)); Richardson, 706 So.2d at 1355-56 (“Rule 3.172(h) and section 90.410, Florida Statutes . . .
. . . the parties and all counsel, (ii) the videotapes were inadmissible as evidence pursuant to section 90.410 . . . The arguments that the videotapes were inadmissible as evidence pursuant to sections 90.410 and 90.403 . . .
. . . involving the same letter, we reversed upon a conclusion that the letter was inadmissible under section 90.410 . . .
. . . As to the merits of Debiasio’s appeal, section 90.410, Florida Statutes, provides: Evidence of a plea . . . offer to plead guilty and, therefore, falls squarely within the ambit of evidence prohibited by section 90.410 . . . prosecutor offering to plead guilty in exchange for certain concessions held inadmissible under section 90.410 . . .
. . . See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h); McCray v. . . .
. . . Florida Rule of Criminal Procedure 3.172(h) and section 90.410, Florida Evidence Code restrict the admissibility . . . admissible in any civil or criminal proceeding against the person who made the plea or offer. .Section 90.410 . . .
. . . See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h). In Russell v. . . . attorney to accept a plea offer could not be used against the offering defendant pursuant to section 90.410 . . .
. . . Sjuts bases his objections on section 90.410, Florida Statutes (1997), providing that nolo contendere . . .
. . . Miranda, and not inadmissible as a violation of Florida Rule of Criminal Procedure 3.172(h) and section 90.410 . . . appeal only that this later statement was inadmissible as a violation of rule 3.172(h) and section 90.410 . . . connection therewith has been held not to fall within the protection of either rule 3.172(h) or section 90.410 . . .
. . . . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat. . . .
. . . The defense moved for mistrial on the ground that the State had violated the provisions of section 90.410 . . .
. . . In this ease, we need look no further than the express statutory prohibition of section 90.410, Florida . . .
. . . Under section 90.410 of Florida’s Evidence Code, offers to plead guilty are not admissible in either . . . criminal or civil cases. § 90.410, Fla. . . .
. . . don’t believe it was — and under the testimony presented, it was not a violation of four ten [section 90.410 . . . Neither section 90.410, Florida Statutes, nor rule 3.172(h) should be construed to place a prophylactic . . . I also point out that Richardson’s argument and the trial judge’s ruling were based on section 90.410 . . . Thus, Richardson’s statement would be admissible under rule 3.172(h) as well as section 90.410, as noted . . . Section 90.410, Florida Statutes (1991) provides in relevant part; Evidence of a plea of guilty, later . . . Rule 3.172(h) and section 90.410, Florida Statutes (1991), prohibit the admission of statements given . . . don’t believe it was — and under the testimony presented, it was not a violation of four ten [section 90.410 . . . Rule 3.172(h) is simply a judicial restatement of the provisions of section 90.410. . . . .
. . . Section 90.410, Florida Statutes (1993), states: Evidence of a plea of guilty, later withdrawn; a plea . . . offers is inadmissible, except when such statements are offered in a prosecution under chapter 837. § 90.410 . . .
. . . Section 90.410, Florida Statutes, provides in pertinent part that “[ejvidence of a ... plea of nolo contendere . . .
. . . The fact section 90.410, Florida Statutes (1991), precludes the admission of a nolo plea in any civil . . . Section 90.410 speaks only to the admission into evidence of the plea itself. . . . Moreover, even if the two statutes were in irreconcilable conflict, section 90.410 is a general provision . . .
. . . Section 90.410, Florida Statutes, of the Florida Evidence Code provides, “[e]vidence of a plea of guilty . . .
. . . statement that he would probably plead guilty was not an “offer to plead” within the purview of section 90.410 . . .
. . . mistrial urging that this letter was nothing more than an offer to plead guilty inadmissible under section 90.410 . . . against admissibility of communications involved in plea negotiations was the enactment of section 90.410 . . . Because the Florida Statute, section 90.410, was patterned after rule 410 of the Federal Rules of Evidence . . . “unsolicited, unilateral statements” which do not fall under the protection of the statute, section 90.410 . . . 3.171(d), Florida Rules of Criminal Procedure, prior to the enactment of the Evidence Code section 90.410 . . .
. . . Section 90.410 aids in promoting both the efficiency and fairness of our system of justice. . . . We agree that “the purpose of § 90.410 is of such importance that ... violation of that section cannot . . .
. . . Florida Unemployment Appeals Commission, 469 So.2d 184 (Fla. 3d DCA 1985); § 90.410, Fla.Stat. (1987) . . .
. . . Damski said the plea offered to Ferrante was 30 months and five years’ proba-tion_” Section 90.410, Florida . . .
. . . Section 90.410, Florida Statutes (1983), of the Florida Evidence Code reads in full as follows: Offer . . . State, 437 So.2d 692 (Fla. 1st DCA 1983), this court held that the legislature intended Section 90.410 . . . the dictates of its language and rule that nolo contendere pleas are not absolutely barred by Section 90.410 . . .
. . . Finally, Traylor argues, pursuant to Section 90.410, Florida Statutes (1983), that the inculpatory letters . . .
. . . statements were actually made in connection with his guilty plea and were, therefore, pursuant to section 90.410 . . .
. . . See also § 90.410, Fla.Stat. (1983). . . .
. . . Citing Florida Rule of Criminal Procedure 3.172(h) and section 90.410, Florida Statutes (1981), Groover . . . Section 90.410, Florida Statutes (1981), provides: Offer to plead guilty; nolo contendere; withdrawn . . .
. . . We first point out that the Florida Evidence Code, section 90.410, Florida Statutes (1983), specifically . . . Section 90.410 plays a vital role in our system of jurisprudence. . . . the overzealousness of the prosecution in introducing defendant’s statements in violation of section 90.410 . . .
. . . plead guilty are inadmissible under Rule 3.170(f), Florida Rules of Criminal Procedure, and Section 90.410 . . .
. . . However, section 90.410, Florida Statutes (1981) provides that: Evidence of a plea of guilty, later withdrawn . . . The foregoing version of section 90.410 resulted from the amendment of that statute in 1978. . . . (emphasis added) Section 90.410, Florida Statutes (1977). . . . Thus, the legislature clearly intended that section 90.410 be an exception to section 90.608. . . . However, we feel that the purpose of section 90.410 is of such importance that the foregoing violation . . .
. . . In seeking exclusion of the latter material, the state’s motion cited Section 90.410, Florida Statutes . . . Law Revision Council Note-1976, 6B Fla.Stat.Ann., § 90.410 at 440 (1979). . . . The 1978 amendment to section 90.410 and the Council’s accompanying commentary finally foreclose any . . . (emphasis supplied) Thus, if section 90.410 is to be interpreted consistently with the purpose stated . . . The Council’s reference to Federal Evidence Rule 410 also convinces us that section 90.410 — despite . . .
. . . made in connection with plea negotiations and was therefore inadmissible for any purpose under section 90.410 . . . McDONALD, J., concurs in part and dissents in part with an opinion, with which OVERTON, J., concurs. . 90.410 . . .
. . . Section 90.410, Florida Statutes (1979) clearly sets forth: Evidence of a plea of . . . nolo conten-dere . . .