
    In re FLORIDA RULES OF CRIMINAL PROCEDURE, AMENDMENTS TO RULES 3.140 AND 3.170.
    No. 42218-B.
    Supreme Court of Florida.
    Jan. 29, 1973.
   PER CURIAM.

The following amendments or additions to the Florida Rules of Criminal Procedure (as revised December 6, 1972, 272 So.2d 65) 33 F.S.A., are hereby adopted and shall govern all proceedings within their scope after 12:01 a. m., February 1, 1973. These rules shall supersede all conflicting rules and statutes. The notes appended to each rule are not adopted by the Court.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, McCAIN and DEKLE, JJ., concur.

BOYD, J.,

concurs as to Rule 3.170; dissents as to Rule 3.140.

3.140. Indictments; Informations.

(a) Methods of Prosecution.

(1) Capital Crimes. An offense which may be punished by death shall be prosecuted by indictment.

(2) Other Crimes. The prosecution of all other criminal offenses shall be as follows :

In circuit courts and county courts, prosecution shall be solely by indictment or information, except that prosecution in county courts for violations of municipal ordinances and metropolitan county ordinances may be by affidavit or docket entries. A grand jury may indict for any offense. When a grand jury returns an indictment for an offense not triable in the circuit court, the circuit judge shall either issue a summons returnable in the county court, or shall bail the accused for trial in the county court, and such judge, or at his direction, the clerk of the circuit court shall certify the indictment and file same in the records of the county court.

Note: The purpose of the amendment is to provide the same method for prosecution of violations of metropolitan county ordinances as for violations of municipal ordinances.

3.170. PLEAS.

(a) Types of Plea.; Court’s Discretion. A defendant may plead not guilty, guilty, or, with the consent of the Court, nolo contendere. Except as otherwise provided by these rules, all pleas to a charge shall be in open court and shall be entered by the defendant. If the sworn complaint charges the commission of a misdemeanor, the defendant may plead guilty to such charge at his first appearance under Rule 3.130, and the judge may thereupon enter judgment and sentence without the necessity of any further formal charges being filed. A plea of not guilty may be entered in writing by counsel. Every plea shall be entered of record; but a failure to enter it shall not affect the validity of any proceeding in the cause.

Note: The purpose of this amendment is to provide a method whereby a defendant may plead guilty to a misdemeanor at first appearance without the necessity of the state attorney subsequently filing an information.  