JOHNNY NEALY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed in part a summary denial of a Rule 3.850 motion, holding that trial counsel was ineffective for failing to object to the trial court's failure to establish a factual basis for the guilty plea to aggravated battery.
Trial counsel was ineffective for failing to object when the trial court did not establish a factual basis for the defendant's guilty plea to aggravated battery.
[1] Trial counsel is ineffective when failing to object to a trial court's failure to establish a factual basis for a guilty plea as required by law.
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Join FLexlaw to unlock all legal intelligenceNealy pleaded guilty to aggravated battery. The plea colloquy does not show the trial court inquired into the factual basis for the plea, and no docum…
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PER CURIAM.
Johnny Nealy appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one ground asserted by Nealy has merit, and on that ground we reverse. The trial court’s order is affirmed in all other respects.
Nealy entered a plea to aggravated battery and claims that his trial counsel was ineffective for not raising an objection to the absence of the proffer of a factual basis for the plea by the State. The plea colloquy attached to the order denying relief does not indicate that the trial court made any inquiry concerning the factual basis for the plea. Although a police affidavit was apparently in the court file when the plea was accepted, neither the police report nor any other document that may have provided a factual basis for the battery charge was referenced by the trial court. Because nothing in the record before this court reflects that the trial court determined a factual basis existed for Nealy’s plea, the trial court must reconsider this issue. See Colding v. State, 638 So. 2d 1008 (Fla. 2d DCA 1994). If the court again summarily denies the claim, the court should attach those portions of the record that conclusively refute Nealy’s allegations. Otherwise, the trial court must conduct an evidentiary hearing on the issue.
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and THREADGILL and FULMER, JJ., Concur.
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Belvin Gene Young v. State, 935 So. 2d 1263 (Fla. 2d DCA 2006)…the plea colloquy to its order, and nothing in the record before this court indicates the trial court determined a factual basis existed for Young’s plea. Accordingly, we reverse and remand for reconsideration of Young’s motion. See Nealy v. State, 775 So. 2d 365 (Fla. 2d DCA 2000). On remand, the postconviction court shall either attach those portions of the record that conclusively refute Young’s claim or conduct an evidentiary hearing on the issue. Reversed and remanded. NORTHCUTT and CANADY, JJ., Con…
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Knight v. State, 801 So. 2d 110 (Fla. 2d DCA 2001)…[*111] PER CURIAM. Affirmed without prejudice to Knight’s right to file a timely Florida Rule of Criminal Procedure 3.850 motion. See Neal v. State, 775 So. 2d 365 (Fla. 2d DCA 2000). BLUE, C.J., and GREEN and SILBERMAN, JJ., Concur.…
Authorities Cited
- Colding v. State, 638 So. 2d 1008 (Fla. 2d DCA 1994)