State v. Fonville, Okaloosa County Circuit Court

Charge: Violation of Community Control on Original Charges of Lewd & Lascivious Conduct in Presence of Child

Courts: Okaloosa County Circuit Court

Case Number: Okaloosa Case Nos.:1999 CF 586; 587; 588; 589

Case Category: Postconviction Relief, Motion to Vacate Sentence

Position: On advice of public defender trial counsel, Defendant entered a plea to the court for violation of community control and was sentenced to over thirteen years in Department of Corrections. Defendant had left his residence for approximately 5 minutes to retrieve his car. Our office filed a Motion to Vacate sentence as the trial court failed to enquire whether Defendant understood the rights he was giving up when he entered the plea.

Status: Motion Granted. Defendant’s sentence was vacated and he was reinstated to probation rather than community control.