Colon v. State

John Colon appeals his conviction and sentence for armed burglary and other offenses. We agree that the trial court erred when, immediately prior to sentencing, it refused to allow Colon to withdraw his plea of guilty.

Because a firearm was involved in these offenses, the trial court was required to impose a three-year minimum mandatory sentence. § 775.087(2)(a), Fla.Stat. (1991). Florida Rule of Criminal Procedure 3.172(e)(1) provides that the court, when accepting a plea, “shall determine that [the defendant] understands ... the mandatory minimum penalty provided by law, if any.” Failure to…