Goodwin v. State, 90-3208
| Decision Date | 15 May 1992 |
| Docket Number | No. 90-3208,90-3208 |
| Citation | 598 So.2d 295 |
| Parties | Tony Darlus GOODWIN, Appellant, v. STATE of Florida, Appellee. 598 So.2d 295, 17 Fla. L. Week. D1265 |
| Court | Florida District Court of Appeals |
Spiro T. Kypreos, Pensacola, for appellant.
Robert A. Butterworth, Atty. Gen., Wendy S. Morris, Asst. Atty. Gen., for appellee.
Appellant, defendant below, seeks review of the trial court's order denying his motion to withdraw his no contest plea to various felony charges. We reverse.
Rule 3.170(j), Florida Rules of Criminal Procedure, states that "[n]o plea of guilty or nolo contendere shall be accepted by a court without first determining, in open court ..., that the circumstances surrounding the plea reflect a full understanding of the significance of the plea and its voluntariness, and that there is a factual basis for the plea...." Rule 3.172(a) is to the same effect.
The record in this case establishes that the effort to determine whether appellant's plea was intelligently and voluntarily entered was perfunctory at best. No attempt was made to comply with either subsection (c) or (d) of Rule 3.172. (Although a written plea agreement had apparently previously been executed, the plea dialogue does not include any discussion sufficient to demonstrate that appellant understood the contents of the plea agreement, or its implications.)
In addition, the trial court failed to satisfy itself, from inquiry on the record, that there was a factual basis for appellant's plea. Recently, in Koenig v. State, 597 So.2d 256 (Fla.1992), the Court held that the convictions must be set aside and the case remanded with directions that the defendant be permitted to plead anew, both because the record failed to reflect compliance with Rule 3.172(c), and because the record did not contain "factual information to establish the offense to which the defendant has entered his plea." Id. (The fact that the defendant's attorney had stipulated that there was a factual basis for the plea was, according to the Court, insufficient.) We are of the opinion that Koenig mandates a like result in this case.
The judgment and sentence are reversed, and the case is remanded to the trial court with directions that the trial court permit appellant to plead anew.
REVERSED and REMANDED, with directions.
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Nowlin v. State, 93-2153
...entering guilty plea, should satisfy itself that there is a factual basis for the plea). This court followed Koenig in Goodwin v. State, 598 So.2d 295 (Fla. 1st DCA 1992), holding that it was error not to grant a motion to withdraw a no contest plea where there was no inquiry made by the tr......
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Goodwin v. State, 1D98-3640.
...His conviction was reversed based on the trial court's failure to state a factual basis, and the case was remanded in Goodwin v. State, 598 So.2d 295 (Fla. 1st DCA 1992). On remand, Goodwin went to trial, where a jury found him guilty as charged in the two counts. In January 1993, he was se......
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Watson v. State
...sentences ..., and remand[ed] with directions to the trial court to allow Koenig to plead anew." Id. at 258. Accord Goodwin v. State, 598 So.2d 295 (Fla. 1st DCA 1992). Here, as in Koenig, the "brief colloquy" between the trial court and appellant addressed none of the matters listed in Rul......
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State v. Sullivan, 92-04696
...find from the record that the trial court committed error by allowing the appellee to withdraw her pleas of guilty. Goodwin v. State, 598 So.2d 295 (Fla. 1st DCA 1992). ...