MAURICE FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Maurice Franklin appealed the summary denial of his Rule 3.850 motion for relief, challenging his guilty plea to second-degree murder. The court affirmed denial of his claims regarding involuntary confession and ineffective assistance of counsel, but reversed and remanded regarding whether a sufficient factual basis existed for the plea, finding the bare admission of killing was equally consistent with manslaughter.
The court affirmed denial of the claims regarding involuntary confession and ineffective assistance of counsel, but reversed and remanded on the factual basis claim, finding that the attachments alone were insufficient to support summary denial because Franklin's bare admission of killing was equally consistent with manslaughter as with second-degree murder.
[1] A defendant may challenge the factual basis for a guilty plea in a motion for postconviction relief.
[2] Before accepting a guilty plea, a trial judge must be satisfied that the plea is voluntarily entered and that there is a factual basis for it.
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Join FLexlaw to unlock all legal intelligence“An appellant can challenge the factual basis for his plea in a rule 3.850 motion.”
Establishes that challenging the factual basis of a guilty plea is a proper ground for post-conviction relief
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Join FLexlaw to unlock all legal intelligenceFranklin was originally indicted for first-degree murder but negotiated a plea agreement and pleaded guilty to second-degree murder. At the change of …
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STEVENSON, Judge.
This is an appeal from the summary denial of a motion for relief under rule 3.850. The trial court denied appellant’s motion without an evidentiary hearing but with attachment of excerpts, including his waiver of rights form, sentencing documents and a transcript of the change of plea/sentencing hearing. We affirm the denial on appellant’s claims of an alleged involuntary confession and ineffective assistance of counsel. However, we find that the attachments alone are insufficient to support summary denial of appellant’s claim that there was no factual basis for his guilty plea.
Appellant was originally indicted for first degree murder but negotiated a plea agreement on which he pled guilty to a lesser charge of second degree murder. Appellant argues that the facts supported only a manslaughter conviction, not a second degree murder conviction. He further argues that manslaughter was consistent with his defense. The transcript of the change of plea hearing reveals that the only attempt to establish a factual basis was the following colloquy between the trial court and the appellant:
The Court: Are you admitting that you killed Sonia Baits?
The [Appellant]: Yes.
An appellant can challenge the factual basis for his plea in a rule 3.850 motion. Scott v. State, 629 So. 2d 888, 890 (Fla. 4th DCA 1993). The requirement that the trial court determine whether there is a factual basis for the guilty plea before it is accepted is set out in rule 3.172(a), Florida Rules of Criminal Procedure which provides in pertinent part:
(a) Voluntariness; Factual Basis. Before accepting a plea of guilty or nolo contendere, the trial judge shall be satisfied that the plea is voluntarily entered and that there is a factual basis for it....
Under rule 3.172(a), the trial court is required to “receive in the record” evidence establishing a factual basis for the plea. Koenig v. State, 597 So. 2d 256 (Fla.1992). The trial court may look to any source in the record to establish the factual basis, but the source used should be reflected in the record of the plea proceedings. Williams v. State, 316 So. 2d 267 (Fla.1975).
Appellant’s bare admission during the plea colloquy that he killed the victim is as consistent with the elements of manslaughter as it is with second degree murder. Therefore, the transcript of the change of plea hearing, which was attached to the order denying the rule 3.850 motion, does not conclusively demonstrate that appellant is not entitled to relief. See rule 9.140(g), Florida Rules of Appellate Procedure. See also Williams; Koenig.
Accordingly, we reverse and remand with instructions to either supplement the attachments to the order of denial with any other record excerpts supporting denial, or to hold an evidentiary hearing on the issue of whether there was a factual basis for appellant’s guilty plea to the charge of second degree murder. REVERSED AND REMANDED.
KLEIN, J., concurs.
STONE, J., dissents without opinion.
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Arroyo v. State, 673 So. 2d 919 (Fla. 2d DCA 1996)…e trial court accepted the plea without a factual basis for the crime to which he pleaded. Because the order does not include any record attachments to refute this claim, this court cannot affirm the summary denial on this ground. Franklin v. State, 645 So. 2d 166 (Fla. 4th DCA 1994). The trial court’s order stating that the court finds a sufficient factual basis to rebut each of Arroyo’s claims is inadequate because no record support for those findings is attached. Upon remand, the court must attach the tra…
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Harris v. State, 32 So. 3d 197 (Fla. 4th DCA 2010)…a. Stat. (2008). See also § 812.13(3)(b), Fla. Stat. (2008) (defining when an act will be deemed to have occurred “in the course of the taking”). “An appellant can challenge the factual basis for his plea in a rule 3.850 motion.” Franklin v. State, 645 So. 2d 166, 166 (Fla. 4th DCA 1994) (remanding for attachment of records or evidentiary hearing on issue of whether a factual basis existed for defendant’s plea). In a postconviction motion, a movant must establish that plea withdrawal is necessary to correct…
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State v. Franklin, 669 So. 2d 339 (Fla. 4th DCA 1996)…re was no factual basis for his plea, we instructed the court to either attach portions of the record supporting the order of denial or to hold an evidentiary hearing on the issue of whether there was a factual basis for the plea. Franklin v. State, 645 So. 2d 166 (Fla. 4th DCA 1994). At a hearing after remand, the trial court erroneously believed that it could not consider the probable cause affidavit or any other evidence. The court vacated the plea and ordered the case to be set for trial. The state appeal…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- Scott v. State, 629 So. 2d 888 (Fla. 4th DCA 1993)