JOSEPH FARRAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Farran appealed the denial of his Rule 3.850 postconviction motion challenging his guilty plea to seven crimes. The court reversed in part, finding that the trial court improperly relied solely on the parties' stipulation to establish a factual basis for counts one and six, without independent evidence as required by Florida law.
A stipulation by the parties alone does not fulfill the court's requirement to establish a factual basis for a guilty plea under Florida Rule of Criminal Procedure 3.172(a). The trial court must have independent substantiation such as depositions or police affidavits attached to the order denying postconviction relief.
[1] A stipulation of the parties to a factual basis for a guilty plea, standing alone, does not satisfy a trial court's duty to establish a factual basis for the plea.
[2] A trial court may deny a motion for postconviction relief by attaching documents from the court file that substantiate the allegations.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This stipulation, standing alone, does not fulfill the requirements of the court to establish a factual basis as mandated by Florida Rule of Criminal Procedure 3.172(a).”
Establishes that a parties' stipulation is insufficient to satisfy the court's duty to determine a factual basis for a guilty plea.
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Join FLexlaw to unlock all legal intelligenceFarran pleaded guilty to seven crimes. During the plea colloquy, the parties stipulated to a factual basis for all crimes charged. Farran claimed the …
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[*878] PER CURIAM.
Joseph Farran challenges the trial court’s denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One claim he advances is not refuted by the record appended to the order and requires reversal. The balance of his motion is without merit, and on that issue, we affirm.
Farran pleaded guilty to seven crimes and alleges that during the plea colloquy the court failed to elicit a factual basis on counts one and six of the information. He maintains this failing rendered his plea involuntary and constituted ineffective representation by his trial counsel. He alleges sufficient prejudice to state a cognizable claim for relief, asserting that there was no evidence to link him to these crimes and that their inclusion in his guideline scoresheet affected his sentence. See Colding v. State, 638 So. 2d 1008 (Fla. 2d DCA 1994) (explaining that the failure of a trial court to receive a complete proffer con-eeming the factual basis for the plea will not result in reversal without a corresponding showing of prejudice).
In response to Farran’s allegation, the court appended to the order a portion of the transcript of the plea colloquy during which the parties stipulated to a factual basis for all the crimes charged. This stipulation, standing alone, does not fulfill the requirements of the court to establish a factual basis as mandated by Florida Rule of Criminal Procedure 3.172(a). Koenig v. State, 597 So. 2d 256, 258 (Fla.1992). If the court file contains substantiation of the factual basis, the court may deny the motion by attaching those documents to the order of denial. Depositions or police affidavits have been determined to fulfill this obligation. Washington v. State, 688 So. 2d 416, n. 2 (Fla. 2d DCA 1997). Accordingly, we reverse that portion of the order which relies exclusively on the stipulation of the parties to the factual basis and remand for reconsideration of that issue in light of this decision. On Farran’s other claim, we affirm without discussion.
Affirmed in part, reversed in part, and remanded.
PARKER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
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Benavidez v. State, 749 So. 2d 528 (Fla. 2d DCA 1999)…ished. Benavidez admits that he committed a burglary, but asserts that the building he entered was not a dwelling. The stipulation to a factual basis for the crime is an inadequate grounds upon which to deny Benavidez’s claim. See Farran v. State, 694 So. 2d 877 (Fla. 2d DCA 1997). If other documents in the court file, such as police affidavits, substantiate the factual basis for the offense, the court can again summarily deny Benavidez’s claim and attach the supporting documents to its order. Otherwise, an…
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Anna Banks v. State, 975 So. 2d 1268 (Fla. 4th DCA 2008)…neffective in permitting her to plead to this charge. While the trial court relied on the probable cause affidavit as the factual basis for the plea, a copy of the affidavit was not attached to the trial court’s order of denial. See Farran v. State, 694 So. 2d 877 (Fla. 2d DCA 1997). Appellant’s legally sufficient claim that a factual basis did not exist for the charge was not refuted by the trial court’s record attachments. Florida Rule of Criminal Procedure 3.850(d) is not satisfied by merely attaching the…
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Hodges v. State, 107 So. 3d 538 (Fla. 2d DCA 2013)…eviewed with him “every single one” of the probable cause affidavits. However, because the probable cause affidavits are not in the record, the postcon-viction court’s order does not refute Mr. Hodges’ facially sufficient claim. See Farran v. State, 694 So. 2d 877, 878 (Fla. 2d DCA 1997). Therefore, we reverse the denial of ground nine and remand for the postconviction court to either attach the portions of the record that conclusively refute Mr. Hodges’ allegation or to hold an evidentiary hearing on the iss…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- Colding v. State, 638 So. 2d 1008 (Fla. 2d DCA 1994)
- Burroughs v. State, 688 So. 2d 416 (Fla. 2d DCA 1997)