Viars v. State

MILLS, Judge.

Viars appeals denial of his petition for post-conviction relief. We reverse and remand.

Viars was adjudicated guilty of burglary and sexual battery after a negotiated plea of nolo contendere. His appeal to this court resulted in a per curiam affirmance. Simultaneously with that decision, this court issued its opinion in Green v. State, 406 So.2d 1148 (Fla. 1st DCA 1981).

In Green, this court ruled that a defendant did not understand a guilty plea or its consequences if not advised of the possibility of one-third retained jurisdiction. The case was remanded so that Green could…