KIM FERRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while a defendant may stipulate to a factual basis for a plea, the trial court must still establish that basis on the record, and failure to do so requires remand.
Appellant sought to withdraw his nolo contendere plea, arguing an inadequate factual basis. The trial court denied his motions to vacate the plea and …
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PER CURIAM.
Kim Ferrell appeals from the trial court’s order denying his motion to vacate and set aside plea and an order denying his motion to correct illegal sentence. Appellant argued in two motions for postconviction relief that his plea should be withdrawn based on an inadequate factual basis to support his plea of nolo contendere to five criminal offenses. The trial court summarily denied both motions and attached copies of appellant’s written plea agreement and the judgment of conviction and sentence.
Based on the claim of lack of supporting factual basis for the plea, we treat appellant’s appeal from the orders as an appeal from a denial of postconviction relief pursuant to rule 3.850, Florida Rule Criminal Procedure. See Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993). In so far as appellant raises issues reviewable under rule 3.800(a), Florida Rule of Criminal Procedure, we find no merit in the contention that the trial court imposed an illegal sentence.
The state points out that appellant voluntarily, knowingly and intelligently entered into the plea agreement which specifically stated that appellant agreed a factual basis existed for the charges against him. Notwithstanding a defendant’s stipulation to a factual basis, a trial court must receive in the record factual information to establish the offenses to which a defendant has entered a plea. Koenig v. State, 597 So. 2d 256, 258 (Fla.1992). As the trial court did not attach portions of the transcript of the plea colloquy to the orders, we reverse and remand for an evidentiary hearing or for attachment to an order those portions of the record demonstrating that appellant is not entitled to relief.
Accordingly, we affirm the order denying appellant’s motion to correct illegal sentence. We reverse the remaining order and remand for proceedings consistent herewith.
AFFIRMED IN PART; REVERSED and REMANDED IN PART.
DELL, C.J., and POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Owens v. State, 661 So. 2d 426 (Fla. 5th DCA 1995)…nial is affirmed except as to the issue of the absence of a factual basis for the plea. We vacate the denial as to that issue and remand for attachment of the missing items or a hearing if the documents fail to refute Owens’ claim. Ferrell v. State, 644 So. 2d 347 (Fla. 4th DCA 1994). AFFIRMED IN PART; REVERSED IN PART; REMANDED. PETERSON, C.J., and GRIFFIN and ANTOON, JJ., concur.…
Authorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993)