Summary
The Florida Second District Court of Appeal held that the RICO informations charging Whitehead and Gillen were legally insufficient under Beatty v. State. The court rejected the state's argument that the factual basis supporting the defendants' nolo contendere pleas cured the deficiency, reversed those RICO convictions, and affirmed the remaining judgments of guilt.
Topics
Practice areas
Questions Presented
- Whether the RICO information against Whitehead and Gillen was legally insufficient under Beatty v. State.
- Whether a stipulation of a factual basis accompanying nolo contendere pleas cured the deficiencies in the RICO information under Dean v. State.
Holdings
- The RICO information was legally insufficient for the reasons stated in Beatty v. State and should have been dismissed.
- A stipulation of a factual basis accompanying a nolo contendere plea did not cure the substantive and preserved deficiency in the RICO information under the circumstances presented.
Key quotations
“Our holding in Dean must be limited to the particular circumstances of that case.”
“The RICO information against Whitehead and Gillen was insufficient for the reasons expressed in Beatty and should have been dismissed.”
Factual background
The State charged Whitehead and Gillen with violation of the RICO statute and charged Long, Whitehead, and Gillen with conspiracy to traffic in controlled substances. The RICO information against Whitehead and Gillen was materially deficient, and the deficiency was specifically brought to the trial court's attention. The appellants entered nolo contendere pleas while reserving the right to appeal the denial of several motions.
Procedural history
The State charged Whitehead and Gillen with violating the RICO statute and charged all three appellants with conspiracy to traffic in controlled substances. The appellants pleaded nolo contendere, reserving appellate review of specified motions. The appellate court held that the RICO information against Whitehead and Gillen was legally insufficient and should have been dismissed, while affirming the remaining judgments of guilt.
Remand instructions
The RICO convictions against Whitehead and Gillen were reversed, and the RICO information should have been dismissed. The other judgments of guilt were affirmed.