GLEN BLACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-12-20
No. 95-1998
Before BARKDULL, HUBBART and JORGENSON, JJ.
664 So. 2d 1152 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

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Synopsis

Glen Black appeals the revocation of his community control and imposition of a prison sentence following his admission to violating the terms of his community control. The appellate court affirmed the trial court's acceptance of Black's plea of admission and the resulting sentence, finding sufficient factual basis for the plea despite reliance on defense counsel's stipulation.


Holding

The trial court properly accepted Black's plea of admission because there was sufficient information in the record to support a factual basis for the plea beyond just counsel's stipulation, including the affidavit of violation, arrest affidavit and warrant, defendant's written plea, and other evidence. Even if the court had failed to fully comply with the factual basis requirement, vacating the plea is not the appropriate remedy absent a showing that withdrawal is necessary to correct manifest injustice.


Headnotes

[1] A trial court has considerable discretion to determine whether there is a factual basis for a plea.

[2] A trial court may satisfy itself regarding a factual basis for a plea through statements and admissions by the defendant, counsel, and prosecutor, or through factual evid…

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Key Quotes

“The trial court has considerable discretion to determine whether there is a factual basis for a plea.”

Establishes the standard of review and the trial court's broad authority in assessing factual basis for pleas.

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Facts & Procedural History

In 1989, Black pleaded guilty to dealing in stolen property and received three years of probation with adjudication withheld. Later that year, he admi…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant Black appeals an order revoking probation and imposing sentence.

In 1989, pursuant to the entry of a guilty plea, the trial court found the defendant guilty of dealing in stolen property, withheld adjudication and sentenced him to three years of probation. Later that year, the defendant admitted to violating his probation, and the trial court withheld adjudication and sentenced him to two years of community control. Several months later, the defendant admitted to violating the terms of community control, and the trial court again withheld adjudication and restored the defendant to community control with additional conditions. On June 13, 1995, the defendant admitted to violating his community control. Pursuant to an admission, the trial court adjudicated him guilty of dealing in stolen property and sentenced him to three and a half years of imprisonment (including a one-cell increase in the scoresheet range).

The defendant contends that the trial court’s finding of a factual basis for the admission was insufficient to satisfy the requirements of Koenig v. State, 597 So. 2d 256 (Fla.1992) and its progeny, because the trial court solely relied on defense counsel’s stipulation to a factual basis for the entry of the defendant’s plea of admission. The state responds that a sufficient factual basis exists where the guilty plea was supported by the stipulation of a factual basis by the defense attorney, the affidavit of violation of community control, the arrest affidavit and warrant, and the defendant’s written plea of admission.

The trial court has considerable discretion to determine whether there is a factual basis for a plea. Williams v. State, 316 So. 2d 267, 272 (Fla.1975). The circumstances of the case will often dictate the kind and amount of inquiry that is necessary. Id. The court may satisfy itself by statements and admissions made by the defendant, his counsel, and the prosecutor, by factual evidence heard or filed in the cause, or the presentence investigation report, but these are not the exclusive means for a trial court to reach a determination. Williams at 273. A trial court is free to utilize whatever procedure is best for the particular case before it. Id. Koenig and its progeny support the proposition that the trial court cannot rely on counsel’s stipulation if there is no other factual basis in the record to support it. Here, there is sufficient information in the record to support the court’s finding that there was a factual basis for the entry of the defendant’s plea of admission. Further, even if the court failed to comply fully with the ‘factual basis for the plea’ provision, vacating the plea is not the remedy. In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw his plea of guilty as a matter of right once the plea has been accepted by the court. Williams at 274, citing Richardson v. State, 246 So. 2d 771 (Fla.1971).

The record clearly shows that the plea was voluntary, and that the defendant understood the nature and consequences of his plea. There was sufficient information in the record supporting the court’s finding of a factual basis. Therefore, the trial court properly accepted defendant’s guilty plea, and the trial court’s order revoking probation and imposing sentence is affirmed.

Affirmed.


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Citator

Cited By

  • Pelham v. State, 737 So. 2d 572 (Fla. 1st DCA 1999)
    …1975); State v. Franklin, 669 So. 2d 339 (Fla. 4th DCA 1996). It is reversible error for a trial judge to rely solely on counsel’s stipulation of a sufficient factual basis for a plea when there are no supporting facts in the record. Black v. State, 664 So. 2d 1152, 1153 (Fla. 3d DCA 1995). A review of the record reveals no facts to support Pelham’s plea, and Appellee’s sole argument for affir-mance on this issue is the stipulation of a factual basis by Pelham’s trial attorney. Accordingly, the trial court err…
  • Parham v. State, 807 So. 2d 191 (Fla. 3d DCA 2002)
    …PER CURIAM. Affirmed. See Black v. State, 664 So. 2d 1152 (Fla. 3d DCA 1995), review dismissed, 670 So. 2d 937 (Fla.1996).…

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