RUBEN OTERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the failure to conduct an inquiry into the factual basis for a guilty plea can constitute fundamental error if it results in prejudice or manifest injustice.
Appellant initially agreed to plead guilty to multiple charges, but later moved to withdraw his plea for burglary, claiming he did not commit it. His …
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KLEIN, Judge.
Appellant initially agreed to plead guilty to charges of burglary of a dwelling, dealing in stolen property, and grand theft. Prior to sentencing, however, he moved to withdraw the guilty plea on the burglary charge only, and testified at the hearing on that motion that he had previously told his lawyer that he had not committed the burglary and in fact was living at the house which was burglarized. His former public defender testified that she informed him of all of the rights he would be waiving in exchange for the guilty plea, that he had told her that he did not commit the burglary, but he nevertheless advised her that he wanted to plead guilty.
The court denied his motion to withdraw the plea of burglary, and he appeals, arguing that there was no factual basis for this plea, citing Koenig v. State, 597 So. 2d 256 (Fla.1992).
We reject the State’s argument that the issue was not preserved because we find that no objection was necessary. The failure to conduct an inquiry as to whether there is a factual basis for a plea may amount to fundamental error if it results in prejudice to the defendant or manifest injustice. See Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981); State v. Fox, 659 So. 2d 1324 (Fla. 3d DCA 1995). We find prejudice here, and therefore reverse the denial of appellant’s motion to withdraw the guilty plea as to burglary.
GLICKSTEIN and STEVENSON, JJ., concur.
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Citator
Cited By
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Hamil v. State, 106 So. 3d 495 (Fla. 4th DCA 2013)…by itself warrant withdrawal of a plea, nor is it even required; rather, the defendant must show prejudice. See Carmichael v. State, 631 So. 2d 346, 347 (Fla. 2d DCA 1994) (“[W]e are not holding that such an inquiry is required[.]”); Otero v. State, 696 So. 2d 442, 442 (Fla. 4th DCA 1997); see also Fla. R.Crim. P. 3.172(j) (“Failure to follow any of the procedures in [Rule 3.172] shall not render a plea void absent a showing of prejudice.” (emphasis added)). Appellant relies on Neeb v. State, 643 So. 2d 40 (…
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Johanne Cuevas v. State, 770 So. 2d 703 (Fla. 4th DCA 2000)…y if it resulted in prejudice to the defendant or manifest injustice. See Wuornos v. State, 676 So. 2d 966 (Fla.1995)(noting that failure to follow procedures of rule 3.172 shall not render a plea void absent a showing of prejudice); Otero v. State, 696 So. 2d 442 (Fla. 4th DCA 1997)(holding failure to conduct inquiry as to whether there was factual basis for defendant’s guilty plea was fundamental error, which required reversal of trial court’s denial of motion to withdraw his plea, even in absence of object…
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Sanchez v. State, 33 So. 3d 753 (Fla. 1st DCA 2010)…iderable discretion to determine whether there is a factual basis for a plea.”). “Failure to follow any of the procedures in this rule shall not render a plea void absent a showing of prejudice.” Fla. R.Crim. P. 3.172(i) (2006); see Otero v. State, 696 So. 2d 442, 442 (Fla. 4th DCA 1997). Thus, a trial court’s failure to inquire about the factual basis for a plea, as required by rule 3.172(a), results in reversible error only where the defendant establishes he was prejudiced by the error. For example, in Koe…
Authorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)
- Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981)