Waugh v. State, 80-59
| Decision Date | 22 August 1980 |
| Docket Number | No. 80-59,80-59 |
| Citation | 388 So.2d 253 |
| Parties | Thomas V. WAUGH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack O. Johnson, Public Defender, Michael S. Becker, Asst. Public Defender, and Geoffrey A. Foster, Legal Intern, Bartow, for appellant.
Thomas V. Waugh, pro se.
Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
Thomas V. Waugh appeals judgments and sentences for ten drug offenses, to which he pled guilty.
Appellant's sole contention on appeal is that the trial court erred in accepting his guilty plea to one of the charges, possession of cocaine. 1 We agree that the factual basis given by the state for possession of cocaine indicates that appellant did not commit that offense.
Prior to accepting a guilty plea, the court must receive in the record factual information to establish the elements of the offense for which the defendant has entered his plea. Williams v. State, 316 So.2d 267 (Fla. 1975); Fla.R.Crim.P. 3.172(a). Because appellant could not have been convicted of possession of cocaine on proof of the facts delineated in the state's factual basis, he was prejudiced by the trial court's acceptance of his guilty plea to that charge.
Accordingly, the judgment and sentence for possession of cocaine is REVERSED and the cause REMANDED for further proceedings consistent with this opinion. The remaining judgments and sentences are affirmed.
1 Appellant's counsel advised in his appellate brief that he saw no reversible error regarding the other nine charges against appellant and requested permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 95 (1967). Our examination of the record likewise has revealed no reversible error with regard to the other nine charges.
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Hoover v. State
...the crime to which he has pled (here, that the victim is twelve years of age or older) cannot be satisfied. The court in Waugh v. State, 388 So.2d 253 (Fla. 2d DCA), dism., 394 So.2d 1154 (Fla.1980), reversed a judgment and sentence for possession of cocaine and remanded for further proceed......
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In re Diaz, SC04-1845.
...conviction of a defendant in the absence of a prima facie showing of the essential elements of the crime charged"); Waugh v. State, 388 So.2d 253, 254 (Fla. 2d DCA 1980) (reversing a conviction where the factual basis for the guilty plea did not establish the crime); see also F.B. v. State,......
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Allen v. State, 1D03-3390.
...to which the defendant has entered his plea." Dydek v. State, 400 So.2d 1255, 1257 (Fla. 2d DCA 1981). See also Waugh v. State, 388 So.2d 253, 254 (Fla. 2d DCA 1980) (citing Williams v. State, 316 So.2d 267 (Fla.1975)). In Dydek, the court stated: "We can think of no error more fundamental ......
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Mancini v. State, AT-58
...has entered his plea. Williams v. State, 316 So.2d 267 (Fla.1975); Shannon v. State, 406 So.2d 87 (Fla. 1st DCA 1981); Waugh v. State, 388 So.2d 253 (Fla. 2nd DCA 1980); Maselli v. State, 425 So.2d 176 (Fla. 2nd DCA 1983). The facts presented by the prosecutor as a basis for the charge, as ......