LOUIS MACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Louis Mack appeals from the trial court’s denial of a motion to withdraw his plea of nolo contendere filed prior to sentencing. He contends that the trial court’s failure to establish on the record a factual basis for his plea requires reversal. We agree.
We are mindful of the burdens placed on the trial court in accepting a plea. Nevertheless, at the very least, a statement as to the source of the trial court’s information regarding the plea’s factual basis must be provided on the record. (For example, the trial court need only state he or she has determined a factual basis from the probable cause affidavit.) Otherwise, this court cannot be assured that the trial court has satisfied itself that a factual basis for the plea exists. See Koenig v. State, 597 So. 2d 256 (Fla.1992). Accordingly, we reverse the order denying appellant’s motion to withdraw his plea and remand with directions that appellant be permitted to withdraw his plea and proceed to trial.
GLICKSTEIN, C.J., and POLEN, J., concur. GUNTHER, J., concurs in result only.
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Freber v. State, 638 So. 2d 140 (Fla. 4th DCA 1994)…n to vacate to determine Appellant’s understanding, intelligence, and comprehension. See Ream v. State, 449 So. 2d 960 (Fla. 4th DCA 1984). The one demonstrated error is the court’s failure to elicit a factual basis for the plea. See Mack v. State, 616 So. 2d 109 (Fla. 4th DCA 1993); Rule 3.172(a), Fla.R.Crim.P. See also Koenig v. State, 597 So. 2d 256 (Fla.1992); Williams v. State, 316 So. 2d 267 (Fla.1975). The only factual basis appearing in the record is counsel’s stipulation that a conviction could have…
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State v. Franklin, 669 So. 2d 339 (Fla. 4th DCA 1996)…275. Rather the burden is on the defendant to show prejudice or manifest injustice. Id. at 274. See also Fla.R.Crim.P. 3.172(i). A trial court may determine that a factual basis exists for a plea based on a probable cause affidavit. Mack v. State, 616 So. 2d 109 (Fla. 4th DCA 1993). Accordingly the trial court should have considered the probable cause affidavit after our reversal and remand. We therefore again reverse and remand. GLICKSTEIN, WARNER and KLEIN, JJ., concur.…
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Fulkroad v. Fla. Parole Comm'n, 632 So. 2d 148 (Fla. 1st DCA 1994)…nother by any other object.” . Additional support for this use of probable cause affidavits is found in the fact that a trial court, in accepting a plea, may rely upon the probable cause affidavit as a factual basis for the plea. See Mack v. State, 616 So. 2d 109 (Fla. 4th DCA 1993). In the instant case, where the appellant pled nolo contendere, it is only reasonable to conclude that if the probable cause affidavit could provide a factual basis for the plea and the subsequent adjudication of guilt, then it m…
Authorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)