Opinion · Court of Appeals for the Fifth Circuit

Government of the Canal Zone v. Manuel Tobar T. (Tobar)

565 F.2d 1321

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1978-01-10
Topic
general

PER CURIAM: Manuel Tobar pled guilty to the charge of burglary enhanced by the Canal Zone’s habitual criminal statute, Title 6 Canal Zone Code § 113. When pleading guilty, appellant was wrongly advised that the maximum allowable sentence was fifteen years when it is life imprisonment. Rule 11(c)(1), Federal Rules of Criminal Procedure, mandates that a defendant pleading guilty be advised of the maximum sentence allowed by law. Because the district court failed to comply with Rule 11 in accepting Tobar’s guilty plea, Tobar must be allowed to plead anew. Sierra v.

Citator

UpLaw has not yet analyzed Government of the Canal Zone v. Manuel Tobar T. (Tobar). The absence of a flag is not a finding that it is good law.

Cited by
12 opinions