Lacey v. State

Appellant appeals his conviction and sentence for escape under section 944.40, Florida Statutes (2010), following his entry of a no contest plea to that offense. We find fundamental error on the face of the record in appellant’s conviction and sentence to four years in prison followed by five years of probation. We reverse for the trial court to provide appellant with an opportunity to withdraw his plea.

The record, including the factual basis for appellant’s plea, reflects that appellant was in the custody of the Department of Juvenile Justice, and was then brought to a hospital, where he…