THOMAS V. WAUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a guilty plea to possession of cocaine was improperly accepted because the factual basis provided by the state did not establish the elements of the offense.
Thomas V. Waugh pled guilty to ten drug offenses, including possession of cocaine. The state provided a factual basis for the cocaine possession charg…
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PER CURIAM.
Thomas V. Waugh appeals judgments and sentences for ten drug offenses, to which he pled guilty.
Appellant’s sole contention on appeal is that the trial court erred in accepting his guilty plea to one of the charges, possession of cocaine.1 We agree that the factual basis given by the state for possession of cocaine indicates that appellant did not commit that offense.
Prior to accepting a guilty plea, the court must receive in the record factual information to establish the elements of the offense for which the defendant has entered his plea. Williams v. State, 316 So. 2d 267 (Fla. 1975); Fla.R.Crim.P. 3.172(a). Because appellant could not have been convicted of possession of cocaine on proof of the facts delineated in the state’s factual basis, he was prejudiced by the trial court’s acceptance of his guilty plea to that charge.
Accordingly, the judgment and sentence for possession of cocaine is REVERSED and the cause REMANDED for further proceedings consistent with this opinion. The remaining judgments and sentences are affirmed.
SCHEB, C. J., and BOARDMAN and GRIMES, JJ., concur. . Appellant’s counsel advised in his appellate brief that he saw no reversible error regarding the other nine charges against appellant and requested permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.ct. 1396, 18 L.Ed.2d 95 (1967). Our examination of the record likewise has revealed no reversible error with regard to the other nine charges.
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Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981)…or nolo contendere plea, the trial court must receive in the record factual information to establish the offense to which the defendant has entered his plea. Fla.R.Crim.P. 3.172(a); see Williams v. State, 316 So. 2d 267 (Fla. 1975); Waugh v. State, 388 So. 2d 253 (Fla.2d DCA 1980). Notwithstanding defense counsel’s stipulation to a factual basis, appellant could not have been convicted of possession of drug paraphernalia on the facts before the trial court, incorporated by reference in that stipulation, and…
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Inquiry Concerning a Judge re Robert F. Diaz, 908 So. 2d 334 (Fla. 2005)…the defendant’s conduct did not constitute a crime and noting, “[w]e can think of no error more fundamental than the conviction of a defendant in the absence of a prima facie showing of the essential elements of the crime charged”); Waugh v. State, 388 So. 2d 253, 254 (Fla. 2d DCA 1980) (reversing a conviction where the factual basis for the guilty plea did not establish the crime); see also F.B. v. State, 852 So. 2d 226, 230-31 (Fla.2003) (holding that an argument that evidence “is totally insufficient as a…
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Pierluigi Mancini v. State, 448 So. 2d 573 (Fla. 1st DCA 1984)…he trial court must receive in the record facts which support the elements of the offense to which the defendant has entered his plea. Williams v. State, 316 So. 2d 267 (Fla.1975); Shannon v. State, 406 So. 2d 87 (Fla. 1st DCA 1981); Waugh v. State, 388 So. 2d 253 (Fla. 2nd DCA 1980); Maselli v. State, 425 So. 2d 176 (Fla. 2nd DCA 1983). The facts presented by the prosecutor as a basis for the charge, as mentioned above, were relied upon by the trial judge in accepting the defendant’s plea. It is, therefore,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)