JOHN W. HARRIS, 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.
John Harris appeals the summary denial of his Rule 3.850 postconviction motion challenging the factual basis for his robbery plea. The court found Harris's claim legally sufficient—that no factual basis supported the robbery conviction because he merely took a bicycle and returned it without force—and reversed for an evidentiary hearing to determine whether the facts constitute robbery or only misdemeanor theft.
Harris's claim is legally sufficient and not refuted by attached records. The court reversed the summary denial and remanded for an evidentiary hearing or attachment of records to determine whether the undisputed facts support only misdemeanor petit theft rather than robbery.
[1] A stipulation with no factual basis in the record is insufficient to support a plea.
[2] A defendant may challenge the factual basis for a plea in a Rule 3.850 motion for postconviction relief.
Previewing 2 of 5 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“[A] stipulation with no factual basis in the record is insufficient”
Establishes the legal standard that Harris relied upon to challenge his robbery plea based on lack of record support for the stipulated factual basis.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHarris entered a plea to robbery. At the plea hearing, the parties stipulated to a factual basis, but no record support for that factual basis was ide…
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
John Harris appeals the summary denial of his Rule 3.850 motion for postconviction relief. Harris entered a plea to robbery. The parties stipulated to a factual basis at the plea hearing but no record support for the factual basis was identified. Koenig v. State, 597 So.2d 256, 258 (Fla.1992) (“[A] stipulation with no factual basis in the record is insufficient”). The state concedes that remand is necessary. See Guevara v. State, 647 So.2d 887 (Fla. 4th DCA 1994) (remanding for an evidentiary hearing or attachment of records — including the probable cause affidavit — which might refute movant’s postconviction claim).
In his sworn motion, Harris alleges that he took the victim’s bicycle as she entered a store. She came outside and confronted him, and Harris apologized and gave the bicycle back. He argues that he at no time used any “force, violence, assault, or putting in fear” necessary to support a robbery offense. § 812.13(1), Fla. Stat. (2008). See also § 812.13(3)(b), Fla. Stat. (2008) (defining when an act will be deemed to have occurred “in the course of the taking”).
“An appellant can challenge the factual basis for his plea in a rule 3.850 motion.” Franklin v. State, 645 So.2d 166, 166 (Fla. 4th DCA 1994) (remanding for attachment of records or evidentiary hearing on issue of whether a factual basis existed for defendant’s plea). In a postconviction motion, a movant must establish that plea withdrawal is necessary to correct a manifest injustice. Scott v. State, 629 So.2d 888, 890 (Fla. 4th DCA 1993). See also Fla. R.Crim. P. 3.172(j) (requiring showing 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’ claim may be refuted by attachment of discovery documents — such as police reports, probable cause affidavits, or depositions — establishing that a factual basis actually existed for the robbery. The salient question is whether the undisputed facts support only a misdemeanor petit theft and not a robbery.
Reversed and remanded.
WARNER, MAY and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jaqueal Edward Harris v. State, 93 So. 3d 409 (Fla. 2d DCA 2012)…her the attachments to the postconviction court’s order — which 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. S…
-
Melvin v. State, 141 So. 3d 592 (Fla. 4th DCA 2014)…earing as to that ground or attach portions of the record, if any exist, refuting the claim that trial counsel acted ineffectively in allowing appellant to plead no contest to a charge not supported by an adequate factual basis. See Harris v. State, 32 So. 3d 197 (Fla. 4th DCA 2010); Silverstein v. State, 985 So. 2d 635 (Fla. 4th DCA 2008); see also State v. Tucker, 761 So. 2d 1248, 1249 (Fla. 2d DCA 2000) (in DWLSR prosecution under section 322.34, actual physical control is an element of the offense); Stat…
-
Obermeyer v. State (Fla. 4th DCA 2023)
Previewing 3 of 4 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)
- Scott v. State, 629 So. 2d 888 (Fla. 4th DCA 1993)
- Franklin v. State, 645 So. 2d 166 (Fla. 4th DCA 1994)
- Pelham v. State, 737 So. 2d 572 (Fla. 1st DCA 1999)
- Belvin Gene Young v. State, 935 So. 2d 1263 (Fla. 2d DCA 2006)
- Benavidez v. State, 749 So. 2d 528 (Fla. 2d DCA 1999)
- Guevara v. State, 647 So. 2d 887 (Fla. 4th DCA 1994)