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LAIRD v. STATE

No. S-63.

280 So.2d 454 (1973)

Nelson F. LAIRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 17, 1973.

Attorney(s) appearing for the Case

R.A. Greene, Jr., Public Defender, and Alan R. Parlapiano, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed on authority of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747, wherein the court states:

"... We decline to hold, however, that a guilty plea is compelled and invalid under the Fifth Amendment whenever motivated by the defendant's desire to accept the certainty or probability of a lesser penalty rather than face a wider range of possibilities extending from acquittal to conviction...

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