As the trial court noted, there is no reference to the place, date or time of the offense, or to the allegation Bloemke was driving a motor vehicle. See State v. Stewart, 360 N.W.2d 463, 465 (Minn.Ct.App. 1985) (the factual basis must include location and date of offense and blood alcohol test results). We note that in the earlier proceeding both his attorney and the trial court referred on the record to documents which might have established the other elements of the offense.
That he pleads GUILTY to the offense as stated above because he committed the following acts: set forth above. Appellant claims that our holding in State v. Stewart, 360 N.W.2d 463 (Minn.Ct.App. 1985), compels a similar result here. We disagree.
State v. Nordstrom, 331 N.W.2d 901, 902 (Minn. 1983); State v. Stewart, 360 N.W.2d 463, 465-66 (Minn.App. 1985); State v. Grunewald, 378 N.W.2d 55, 59 (Minn.App. 1985). Furthermore, "a guilty plea will be set aside in a petition for post-conviction relief if a factual basis is lacking."
See, e.g., State v. Motl, 337 N.W.2d 664, 666 (Minn. 1983), State v. Grunewald, 378 N.W.2d 55, 56 (Minn.Ct.App. 1985), and State v. Stewart, 360 N.W.2d 463, 464 (Minn.Ct.App. 1985). In State v. Nelson, 399 N.W.2d 629, 630 n. 1 (Minn.Ct.App. 1987), pet. for rev. denied, (Minn.
We therefore conclude that the record fails to establish that Lyle, who was unrepresented by counsel, entered his guilty plea knowingly and voluntarily. See State v. Grunewald, 378 N.W.2d 55, 58 (Minn.Ct.App. 1985); State v. Stewart, 360 N.W.2d 463, 465 (Minn.Ct.App. 1985). While the record does include the August 8, 1985 PSI, which stated that Lyle's blood alcohol content or concentration ("BAC") was .17 at the time of his arrest, it is unclear whether Lyle was aware of this information at the time he filled out the written admission.
Also, a prior guilty plea which lacks a factual basis on the record cannot be used to aggravate a later charge. State v. Stewart, 360 N.W.2d 463 (Minn. Ct. App. 1985).Under Rule 15.03, subd. 2, a "Misdemeanor/Gross Misdemeanor Petition to Enter Plea of Guilty" as provided for in the Appendix B to Rule 15, may be completed and filed with the court.
Also, a prior guilty plea which lacks a factual basis on the record cannot be used to aggravate a later charge. State v. Stewart, 360 N.W.2d 463 (Minn. Ct. App. 1985).Under Rule 15.03, subd. 2, a "Misdemeanor Petition to Enter Plea of Guilty" as provided for in the Appendix B to Rule 15, may be completed and filed with the court. This petition in written form contains in substance the information and questions required by Rule 15.02, subd. 1, questions 2-5.
1983), we said, "In general trial courts accepting guilty pleas from misdemeanants should be more specific in their questions, particularly in determining whether the defendant waives his right to counsel and whether there is a factual basis for the plea." In this case the court of appeals invalidated the enhancement value of defendant's misdemeanor plea, relying on its prior decision in a DWI case, State v. Stewart, 360 N.W.2d 463 (Minn.App. 1985), which, in turn, relied on our language from Motl quoted above. In Motl it should be noted, however, the precise issue was whether defendant had waived his right to counsel, not whether a plea lacking a factual basis might be used for enhancement.
See Raleigh, 778 N.W.2d at 94 ("[A] defendant may not withdraw his plea simply because the court failed to elicit proper responses if the record contains sufficient evidence to support the conviction."); State v. Stewart, 360 N.W.2d 463, 465 (Minn. App. 1985) ("To put a factual basis on the record for accepting a guilty plea, a trial court can make use of law enforcement investigation reports."). Williamson's admissions and A.L.C.'s detailed description of Williamson's sexual assault alleviate concern that Williamson pleaded guilty to a more serious charge than one for which he could be convicted.
A factual basis can also be established by evidence in the record. See, e.g., State v. Stewart, 360 N.W.2d 463, 465 (Minn.App. 1985) (recognizing that law-enforcement investigation reports may be used in establishing factual basis). A sworn complaint can also be considered part of the factual basis.