Principe Hormaeche v. State of Florida

Summary

The Florida Fourth District Court of Appeal held that a defendant showed good cause to withdraw a pre-sentence no contest plea to two counts of vehicular homicide because defense counsel incorrectly advised him that excessive speed foreclosed a viable defense. The court concluded that excessive speed alone does not establish the recklessness required for vehicular homicide and reversed the order denying plea withdrawal and the resulting judgment of conviction.

Holdings

1. An attorney's failure to advise a defendant of a viable defense constitutes good cause under Florida Rule of Criminal Procedure 3.170(f) to permit withdrawal of a guilty or no contest plea before sentencing. Once good cause is shown, the defendant is entitled as a matter of right to withdraw the plea.
2. Excessive speed alone is not sufficient to establish the recklessness required for vehicular homicide and does not, by itself, foreclose a defense that the defendant's conduct was merely careless or negligent.

Questions Presented

1. Whether the trial court erred in denying the defendant's pre-sentence motion under Florida Rule of Criminal Procedure 3.170(f) to withdraw his no contest plea when counsel failed to advise him of a viable defense.
2. Whether excessive speed alone is sufficient to establish the recklessness required for vehicular homicide or to foreclose a defense that the defendant's conduct was merely careless rather than reckless.

Disposition

reversed_and_remanded