Nowlin v. State, No. 93-2153

CourtFlorida District Court of Appeals
Writing for the CourtWOLF
Citation639 So.2d 1050
Parties19 Fla. L. Weekly D1518 Gary Mitchell NOWLIN, Appellant, v. STATE of Florida, Appellee.
Decision Date12 July 1994
Docket NumberNo. 93-2153

Page 1050

639 So.2d 1050
19 Fla. L. Weekly D1518
Gary Mitchell NOWLIN, Appellant,
v.
STATE of Florida, Appellee.
No. 93-2153.
District Court of Appeal of Florida,
First District.
July 12, 1994.

Leo A. Thomas, Pensacola, for appellant.

No appearance by State.

WOLF, Judge.

Appellant challenges the denial of his rule 3.800(a) motion to correct an illegal sentence. Appellant claims that the trial court erred in denying his motion when appellant was sentenced pursuant to a plea negotiation where the trial court failed to ascertain that there was a factual basis for appellant's plea. We find appellant's challenge was facially insufficient in that he failed to allege how he was prejudiced by the trial court's failure to determine that there was a factual basis for the plea. In addition, appellant's challenge is not the type of challenge which may be brought pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We therefore affirm.

Appellant entered guilty pleas in July and August of 1989, in 21 separate cases. In 10 of the cases, appellant pled to the court. In other cases, there were plea agreements signed by appellant. In a direct appeal, appellant only challenged the departure sentence which was imposed. The appeal was affirmed.

In May of 1993, appellant filed a motion pursuant to rule 3.800(a) to correct an illegal sentence. Appellant alleged that while there was a stipulation as to the factual basis for his plea, the failure to independently establish a factual basis caused his sentence to be illegal. The transcript of the plea colloquy demonstrates that the trial court carefully inquired into appellant's understanding of the plea, and that the plea was intelligent and voluntary. Appellant made no allegations that his plea was not entered voluntarily or that the failure to ascertain that the facts behind the plea caused him harm in any way.

In Koenig v. State, 597 So.2d 256 (Fla.1992), the court stated that even though counsel stipulated to a factual basis for the plea, the plea of no contest was deficient where the trial court did not receive information on the record to establish the offense to which the defendant entered his plea. See also rule 3.172(a), Fla.R.Crim.P. (trial court,

Page 1051

before 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 trial court on the record as to the factual basis for the appellant's plea. The court noted that the fact that the defendant's attorney stipulated to the factual basis was insufficient. See also Baker v. State, 620 So.2d 1122 (Fla. 1st DCA 1993) (record must show trial court satisfied itself that there is a factual basis for the pleas; this court reversed the denial of a 3.850 motion).

In Suarez v. State, 616 So.2d 1067 (Fla. 3d DCA 1993), the third district court states that in order to be allowed to withdraw a guilty plea, a defendant must show prejudice or manifest injustice. The court distinguished Koenig on the ground that the trial court did comply with the requirements for determining the voluntariness of a guilty plea. The third district noted that the purpose of the factual basis is to avoid a defendant mistakenly pleading to the wrong offense. In affirming the trial court, the appellate court noted that the appellant did not contend that he pled guilty to the wrong offense or that he had any defense to the charges. Williams v. State, 316 So.2d 267 (Fla.1975) (failure of trial court to establish factual basis for plea in record does not result in plea being set aside unless defendant can prove a manifest injustice).

A review of the cases from this court relied on by appellant reveals that while there is no specific statement that appellant must demonstrate prejudice prior to the court granting relief, in each case there is some evidence that appellant may have been harmed as a result of the failure to...

To continue reading

Request your trial
18 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...of law, for example, where the sentence imposed exceeds the statutory maximum sentence for the crime charged," Nowlin v. State, 639 So.2d 1050, 1052 (Fla. 1st DCA 1994); Rouse v. State, 601 So.2d 281, 282 (Fla. 1st DCA), review denied, 604 So.2d 487 (Fla.1992), this court nevertheless ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...of law, for example, where the sentence imposed exceeds the statutory maximum sentence for the crime charged," Nowlin v. State, 639 So.2d 1050, 1052 (Fla. 1st DCA 1994); Rouse v. State, 601 So.2d 281, 282 (Fla. 1st DCA), review denied, 604 So.2d 487 (Fla.1992), this court nevertheless ......
  • Callaway v. State, No. 94-01645
    • United States
    • Court of Appeal of Florida (US)
    • September 14, 1994
    ...2d DCA 1993). Other districts have taken different approaches. See Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA As a general rule, a postconviction issue that requires an evidentiary hearing must be resolved under rule 3.850. See Judge, 59......
  • Mancino v. State, No. 97-00583
    • United States
    • Court of Appeal of Florida (US)
    • March 14, 1997
    ...an unlawful sentence correctable only by sworn motion under rule 3.850 filed within the rule's two-year limitation); Nowlin v. State, 639 So.2d 1050, 1052 n. 2 (Fla. 1st DCA 1994) (agreeing with dissent in Brown and further noting the difficulties inherent in requiring the state to confront......
  • Request a trial to view additional results
18 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...of law, for example, where the sentence imposed exceeds the statutory maximum sentence for the crime charged," Nowlin v. State, 639 So.2d 1050, 1052 (Fla. 1st DCA 1994); Rouse v. State, 601 So.2d 281, 282 (Fla. 1st DCA), review denied, 604 So.2d 487 (Fla.1992), this court nevertheless ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...of law, for example, where the sentence imposed exceeds the statutory maximum sentence for the crime charged," Nowlin v. State, 639 So.2d 1050, 1052 (Fla. 1st DCA 1994); Rouse v. State, 601 So.2d 281, 282 (Fla. 1st DCA), review denied, 604 So.2d 487 (Fla.1992), this court nevertheless ......
  • Callaway v. State, No. 94-01645
    • United States
    • Court of Appeal of Florida (US)
    • September 14, 1994
    ...2d DCA 1993). Other districts have taken different approaches. See Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA As a general rule, a postconviction issue that requires an evidentiary hearing must be resolved under rule 3.850. See Judge, 59......
  • Mancino v. State, No. 97-00583
    • United States
    • Court of Appeal of Florida (US)
    • March 14, 1997
    ...an unlawful sentence correctable only by sworn motion under rule 3.850 filed within the rule's two-year limitation); Nowlin v. State, 639 So.2d 1050, 1052 n. 2 (Fla. 1st DCA 1994) (agreeing with dissent in Brown and further noting the difficulties inherent in requiring the state to confront......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT