Smith v. State

Appellant, a minor, was charged with breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. He pled guilty and was later sentenced to three years imprisonment.

Since appellant does not suggest that he was prejudiced by the trial court’s failure to establish a factual basis for the charge, that error is insufficient to require either vacating the plea or remanding for further proceedings. Williams v. State, Fla.1975, 316 So.2d 267; State v. Lyles, Fla.1975, 316 So.2d 277. However, we find the plea colloquy wholly insufficient to establish either the voluntariness of…