REGINALD FITZPATRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MILLS, Judge.
We affirm the trial court’s denial of Fitzpatrick’s motion for post-conviction relief.
There is no merit to Fitzpatrick’s contention that it was error for him to be charged by information rather than indictment for the crimes of burglary and grand theft.
He next contends that the trial court erred in failing to determine a factual basis for his pleas of guilty. The failure to ascertain the factual basis for negotiated pleas of guilty is an insufficient basis for reversal absent an allegation of prejudice or manifest injustice by the defendant. State v. Kendrick, 336 So. 2d 353 (Fla.1976); Williams v. State, 316 So. 2d 267 (Fla.1975).
There was no allegation of prejudice or manifest injustice in this case.
McCORD and SHIVERS, JJ., concur.
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Fuller v. State, 578 So. 2d 887 (Fla. 1st DCA 1991)…at he was not prejudiced by the trial court’s action. In the absence of an allegation of prejudice or manifest injustice to the defendant, the trial court’s failure to adhere to rule 3.172 is an insufficient basis for reversal. Fitzpatrick v. State, 414 So. 2d 1121 (Fla. 1st DCA 1982). The sentences imposed are quashed and the case remanded for further proceedings consistent with this opinion. On remand, the parties will stand released from their plea bargain. Convictions AFFIRMED; sentences VACATED and REMA…
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- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- State v. Bunyan L. Kendrick, Jr., 336 So. 2d 353 (Fla. 1976)
- Borri v. Siverson, 336 So. 2d 353 (Fla. 1976)