A person charged with a sex crime in Florida has a few options when it comes to entering a plea in court. In addition to pleading “guilty” or “not guilty,” the person can also plead “no contest.” This option means the person is not saying that he or she is guilty, only that he or she won’t contest the charges. As a recent case out of Florida’s Second District Court of Appeal shows, it is important to be fully aware of the potential penalties you’re facing before you enter a plea.
Defendant was charged with various counts of lewd and lascivious molestation of a victim under 16 years of age, lewd and lascivious exhibition to a victim under 16 years of age, battery, possession of child pornography, and use of a computer server to seduce, solicit, or entice a child. He eventually pleaded no contest and was sentenced to 40 years behind bars. Defendant later appealed the convictions, arguing that he wouldn’t have pleaded no contest if the trial judge had adequately explained to him that he was facing as much as 101 years in prison on the charges.
Although the judge may have told Defendant about the maximum penalty for each of the offenses, he said he wasn’t aware that those penalties could be imposed consecutively (back-to-back) rather than concurrently (at the same time). The trial judge sided with state prosecutors, who argued that the judge met his responsibility by simply informing Defendant of the maximum penalties per offense. The judge rejected Defendant’s request to withdraw his plea.