Colding v. State, 94-01141
| Citation | 638 So.2d 1008 |
| Decision Date | 15 June 1994 |
| Docket Number | No. 94-01141,94-01141 |
| Parties | 19 Fla. L. Weekly D1324 Timothy COLDING, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Timothy Wayne Colding appeals the trial court's summary denial of his motion for postconviction relief. We hold that, on its face, Colding's motion presents a question of whether he was adequately represented by trial counsel. It is asserted that Colding was persuaded by his counsel to enter a plea of guilty when there existed no factual basis to support the plea. We reverse and remand.
In his motion, Colding states that he informed counsel of his innocence. Allegedly, counsel indicated he believed that Colding did not commit the sexual battery as charged. However, counsel insisted that it was in Colding's best interest to accept the negotiated agreement and to plead guilty. The plea agreement was altered at the plea hearing. The typed statement acknowledging guilt has been stricken and a handwritten notation states that the plea of guilty was entered as it was "in [Colding's] best interest to do so."
A review of the transcripts of the plea colloquy and sentencing hearings reveal that Colding did not admit committing the sexual battery. Defense counsel did not stipulate to a factual basis for the plea and the state did not present any testimony concerning the charges. The portions of the record attached to the trial court's order do not demonstrate that the court questioned whether a factual basis existed for the plea entered.
Florida Rules of Criminal Procedure 3.172(a) requires that before the court accepts a plea, it must satisfy itself that the plea is voluntary and that a factual basis exists for the plea. Generally, the failure of the court to make a complete inquiry, or to receive a complete proffer concerning the factual basis for the plea will not result in reversal without a corresponding showing of prejudice. Gust v. State, 558 So.2d 450, 454 (Fla. 1st DCA 1990). When no evidence is presented, nor testimony given to the court for it to comply with the duty to satisfy itself that the plea was voluntary, the burden to show prejudice by counsel's actions is met. Gust, 558 So.2d at 454; see Baker v. State, 620 So.2d 1122 (Fla. 1st DCA 1993).
We reverse and remand this matter to the trial court to conduct an evidentiary hearing in accordance with this opinion; or in the alternative, to attach those portions of the record demonstrating that the court...
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...prejudice as a condition precedent to obtaining relief based on the lack of a factual basis to support a plea. See Colding v. State, 638 So.2d 1008 (Fla. 2d DCA 1994); Fla. R.Crim. P. 3.172(i). With no record to rebut her claim, this court would have no alternative but to vacate her plea an......
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Hudson v. State, 95-3934
...plea under circumstances where, if the allegations are true, there may have existed no factual basis for the plea. See Colding v. State, 638 So.2d 1008 (Fla. 2d DCA 1994). Although the lower court attached the written plea agreement, this document contains no language addressing the factual......
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Farran v. State, 97-00630
...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 concerning the factual basis for the plea will......
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Small v. State
...trial court's rejection of his pleas to those charges, which meets the prejudice element of this claim described in Colding v. State, 638 So.2d 1008 (Fla. 2d DCA 1994). The trial court denied his claim, referencing a remark by the trial judge at the hearing in which the plea was entered tha......