STATE OF FLORIDA

V.

ROBERT F. ALLSTON

1. I, Robert Allston, the defendant in this Criminal Action, do hereby withdraw my previous entered pleas of not guilty and enter plea of:

No Contest

COUNT I: Corruption by Threat, 5 year maximum sentence.
COUNT II:
COUNT III:
COUNT IV:

2. I understand that if the Court accepts the plea as indicated above, I give up my right to trial by jury, at which I would have the following rights: (a) The right to have a jury determine my guilt or innocence; (b) The right to see and hear witnesses testify and to have my lawyer question them for me; (c) The right to subpoena witnesses in my behalf and present items of evidence in my defense; (d) The right to testify or remain silent; (e) The right to have the prosecution prove my guilt beyond a reasonable doubt, before I can be found guilty.

3. I understand that I give up my right to appeal all matters except the legality of this sentence, the jurisdiction of this Court, and those matters which I have specifically reserved for appeal. I have reserved the following matters for appeal: N/A
My attorney has explained to me what an appeal is and how I can properly file for an appeal should I choose to do so. He has advised me that if I can not afford an attorney one will be appointed for me by the court.

4. I understand that a Plea of Not Guilty denies that I committed the crime; a Plea of Guilty admits that I did commit the crime; a Plea of Nolo Contendre (or No Contest) says that I do not contest the evidence against me. I understand that if the Court accepts my plea there will be no trial and the Court will impose sentence based upon my plea.

5. I have read the information in this case, or have had it read to me, and I understand the charge to which I enter my plea. My lawyer has explained to me the maximum penalty for the charge, the essential elements of the crime, and possible defenses to the crime, and I understand these things. I understand that if I am on parole, my parole can be revoked and I can be returned to prison to complete that sentence; if I am on probation, my probation can be revoked and I can receive a separate sentence up to the maximum on the probation charge in addition to the sentence imposed in this case.

6. No one has promised me anything to get me to enter this plea, unless one of the following is checked and completed:

(a) (x) The prosecutor has recommended: withhold of adjudication, judicial warning. Non Pros counts 2,3,4.

7. I understand my sentence will be imposed within the sentencing guidelines. My presumptive sentence is based upon certain factors which have been explained to me. The Court can exceed this presumptive sentence and impose up to the maximum of 5 by expressing clear and convincing reasons to do so. If the sentencing guidelines are exceeded, I will have the right to appeal this sentence. I have truthfully advised the Court as to my prior criminal history so that my presumptive sentence can be estimated under the sentencing guidelines. Based upon these representations, I understand that my anticipated guideline sentence is [handwritten--can't read it]

8. If a background check of my criminal history reveals undisclosed convictions, and if these convictions serve to enhance my presumptive sentence beyond that currently envisioned; I will not be allowed to withdraw my plea, but will be sentenced in accordance with the appropriate sentencing guidelines. My lawyer has explained to me the requirement that I be truthful in disclosing my prior criminal history, and that my failure to be accurate could result in a sentence which is greater than currently envisioned.

9. I have read every word of this written plea or have had it read to me. I have discussed this plea with my attorney and I fully understand it. I have been told what evidence the State has to present to a jury, and my attorney has advised me as to what defenses, if any, I may be able to assert in my own behalf. I am fully satisfied with the way my attorney has handled this case. He has effectively assisted me in all aspects of my defense.

10. I have been candid and truthful with my lawyer and have told him everything I know about this case.

11. I understand and agree that if the judge permits me to remain at liberty pending sentencing, I must notify my attorney and bondsman and probation officer of any change of address or telephone number. I also understand that for me to receive the sentence which has been promised by this court, I must honor the following conditions: (a) I must have been truthful regarding my prior criminal history; (b) I must report to the Department of Probation and cooperate with them in the preparation of my pre-sentencing investigation; (c) I must remain at liberty without committing any law violation; and (d) I must return to this courtroom on N/A at to be sentenced by this Court. I understand that the violation of any of these conditions could result in my not being allowed to withdraw my plea, and the Court being free to sentence me in accordance with the legal maximums recognized under the law.

12. My education consists of the following: college.
I am not under the influence of any drug, alcohol, or medication at the time I sign this plea. I am not suffering from mental problems that will affect my understanding of this plea.

13. I understand that by entering this plea I am subject to potential deportation if I am not a citizen of the United States of America.

No one has threatened me to make me enter the plea. I am entering the plea because:

( ) I am guilty

(x) I believe it is in my own best interest.

I enter the plea voluntarily of my own free will.

SWORN TO, SIGNED, AND FILED in open Court in the presence of Defense Counsel, the State, and Judge________on this________day of______

______________________________________, 1997.
CLERK OF THE COURT

Robert F. Allston
DEFENDANT'S SIGNATURE

BY:___________________________________
CLERK IN ATTENDANCE

I, Defendant's Counsel of Record, certify that: I have discussed this case with the Defendant, including the nature of the charges, essential elements of each, the evidence against him/her of which I am aware, the possible defenses he/she has, the maximum penalty of the charges and his/her right to appeal. No promises have been made to the defendant other than as set forth in this plea or on the record. I believe he/she fully understands this written plea, the consequences of entering it, and that the Defendant does so of his/her own free will. I have reviewed the Discovery in this case and have discussed the evidence in this case with the Defendant, I believe this plea is in my client's best interest.

Brian Boyle
COUNSEL FOR DEFENDANT

( ) I confirm that the recommendations set forth in paragraph 6(b) have been made. This recommendation has been made on the express condition that the Defendant has truthfully and accurately disclosed his/her prior criminal history.

______________________________
ASSISTANT STATE ATTORNEY

This plea is entered by the Defendant and accepted by the undersigned this _________day of __________________, 19____.

______________________________________________
CIRCUIT JUDGE

IN THE CIRCUIT COURT OF 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY FLORIDA. CRIMINAL ACTION.

STATE OF FLORIDA

V.

ROBERT F. ALLSTON

Case No. 94-803CF

(LCP)

NOTICE IS HEREBY GIVEN that the State has and does hereby give its Notice of Nolle Prosequi, in the above-styled cause for the following charges:

COUNT II: WRITTEN THREAT TO KILL OR HARM

COUNT III: CORRUPTION BY THREAT

COUNT IV: WRITTEN THREAT TO KILL OR HARM

________________________________________
LISE C. PLATTNER
ASSISTANT STATE ATTORNEY
FLORIDA BAR NO. 0280534
P.O. BOX 399
FORT MYERS, FLORIDA 33902
941-335-2700

THIS IS TO CERTIFY that a true and correct copy of the above and foregoing has been furnished to Brian M. Boyle, 2047 McGregor Boulevard, Fort Myers, Fl and to the Honorable John McDougal, Sheriff of Lee County, Fort Myers, Florida by United States Mail/hand delivery this 24th day of June, 1997.

Lise C. Plattner
ASSISTANT STATE ATTORNEY

cc: Witness management
cc: Arresting Agency
cc: Jail
cc: SAO file