BELVIN GENE YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a stipulation without a factual basis in the record is insufficient to support a plea.
Appellant sought postconviction relief, arguing ineffective assistance of counsel for failing to challenge the absence of a factual basis for his plea…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Factual Basis For Plea cases and more on FLexlaw
SILBERMAN, Judge.
Belvin Gene Young appeals the denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand.
In his motion, Young argued counsel was ineffective for failing to challenge the absence of a factual basis for his plea. The postconviction court denied the motion, finding Young stipulated to the factual basis when he pleaded nolo contendere to the charge.
A stipulation with no factual basis in the record is insufficient. Jones v. State, 846 So. 2d 1224, 1225 (Fla. 2d DCA 2003) (citing Koenig v. State, 597 So. 2d 256, 258 (Fla.1992)). The postconviction court did not attach the transcript of 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., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harris v. State, 32 So. 3d 197 (Fla. 4th DCA 2010)…of prejudice). Harris’ claim that no factual basis existed for the robbery, and that counsel was ineffective in permitting him to plead under these circumstances, is legally sufficient and not refuted by attached records. See, e.g., Young v. State, 935 So. 2d 1263 (Fla. 2d DCA 2006); Benavidez v. State, 749 So. 2d 528 (Fla. 2d DCA 1999); State v. Pelham, 737 So. 2d 572, 573 (Fla. 1st DCA 1999). We reverse and remand for an evidentiary hearing or attachment of records refuting the claim. On remand, Harris’ cl…
-
Hodges v. State, 107 So. 3d 538 (Fla. 2d DCA 2013)…untary because the trial court failed to determine a factual basis for his plea. Acknowledging that the parties stipulated to a factual basis, he pointed out that “[a] stipulation with no factual basis in the record is insufficient.” Young v. State, 935 So. 2d 1263, 1268 (Fla. 2d DCA 2006); see also Koenig v. State, 597 So. 2d 256, 258 (Fla.1992) (“Prior to accepting a plea of no contest, the trial judge must receive in the record factual information to establish the offense [*540] to which the defendant has e…
-
Jaqueal Edward Harris v. State, 93 So. 3d 409 (Fla. 2d DCA 2012)…include the information, the plea agreement, and the judgment and sentence — nor the record before this court conclusively refute Harris’s legally sufficient claim. See Harris v. State, 32 So. 3d 197, 197 (Fla. 4th DCA 2010) (citing Young v. State, 935 So. 2d 1263 (Fla; 2d DCA 2006)). Additionally, the form language from Harris’s plea agreement is insufficient to establish a factual basis for the minimum mandatory penalty imposed. See Morin v. State, 947 So. 2d 1250,1251 (Fla. 2d DCA 2007). Accordingly, we…
Authorities Cited
- Koenig v. State, 597 So. 2d 256 (Fla. 1992)
- Arlis R. Jones v. State, 846 So. 2d 1224 (Fla. 2d DCA 2003)
- Nealy v. State, 775 So. 2d 365 (Fla. 2d DCA 2000)
- Neal v. State, 775 So. 2d 365 (Fla. 2d DCA 2000)