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Banks v. State

District Court of Appeal of Florida, Fourth District
Mar 12, 2008
975 So. 2d 1268 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D07-4958.

March 12, 2008.

Appeal from the Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Edward A. Garrison, J.

Anna Banks, Florida City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


We reverse the order denying appellant's 3.850 motion and remand for further proceedings on appellant's claim that a sufficient factual basis did not exist for her plea to attempted robbery in lower court case number 06-15385 and that counsel was ineffective in permitting her to plead to this charge. While the trial court relied on the probable cause affidavit as the factual basis for the plea, a copy of the affidavit was not attached to the trial court's order of denial. See Farran v. State, 694 So.2d 877 (Fla. 2d DCA 1997). Appellant's legally sufficient claim that a factual basis did not exist for the charge was not refuted by the trial court's record attachments. Florida Rule of Criminal Procedure 3.850(d) is not satisfied by merely attaching the entire record on appeal. Hoffman v. State, 571 So.2d 449 (Fla. 1990). On remand, the trial court must determine the merits of this claim.

We affirm the denial of appellant's other claims as they lack merit.

WARNER, FARMER and GROSS, JJ., concur.


Summaries of

Banks v. State

District Court of Appeal of Florida, Fourth District
Mar 12, 2008
975 So. 2d 1268 (Fla. Dist. Ct. App. 2008)
Case details for

Banks v. State

Case Details

Full title:Anna BANKS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 12, 2008

Citations

975 So. 2d 1268 (Fla. Dist. Ct. App. 2008)

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