Summary
holding failure to conduct inquiry as to whether there was factual basis for defendant's guilty plea was fundamental error, which required reversal of trial court's denial of motion to withdraw his plea, even in absence of objection to this lack of inquiry, where defendant's public defender testified that defendant had told her that he did not commit burglary but nevertheless wanted to plead guilty
Summary of this case from Cuevas v. StateOpinion
Case No. 96-2570
Opinion filed July 2, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 96-9282 CF.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.
Appellant initially agreed to plead guilty to charges of burglary of a dwelling, dealing in stolen property, and grand theft. Prior to sentencing, however, he moved to withdraw the guilty plea on the burglary charge only, and testified at the hearing on that motion that he had previously told his lawyer that he had not committed the burglary and in fact was living at the house which was burglarized. His former public defender testified that she informed him of all of the rights he would be waiving in exchange for the guilty plea, that he had told her that he did not commit the burglary, but he nevertheless advised her that he wanted to plead guilty.
The court denied his motion to withdraw the plea of burglary, and he appeals, arguing that there was no factual basis for this plea, citing Koenig v. State, 597 So.2d 256 (Fla. 1991).
We reject the State's argument that the issue was not preserved because we find that no objection was necessary. The failure to conduct an inquiry as to whether there is a factual basis for a plea may amount to fundamental error if it results in prejudice to the defendant or manifest injustice. See Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981); State v. Fox, 659 So.2d 1324 (Fla. 3d DCA 1995). We find prejudice here, and therefore reverse the denial of appellant's motion to withdraw the guilty plea as to burglary.
GLICKSTEIN and STEVENSON, JJ., concur.