From Casetext: Smarter Legal Research

Waugh v. State

District Court of Appeal of Florida, Second District
Sep 18, 1980
388 So. 2d 253 (Fla. Dist. Ct. App. 1980)

Summary

reversing a conviction where the factual basis for the guilty plea did not establish the crime

Summary of this case from In re Diaz

Opinion

No. 80-59.

August 22, 1980. Rehearing Denied September 18, 1980.

Appeal from the Circuit Court, Pinellas County, Philip A. Federico, J.

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. We agree that the factual basis given by the state for possession of cocaine indicates that appellant did not commit that offense.

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.

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.

SCHEB, C.J., and BOARDMAN and GRIMES, JJ., concur.


Summaries of

Waugh v. State

District Court of Appeal of Florida, Second District
Sep 18, 1980
388 So. 2d 253 (Fla. Dist. Ct. App. 1980)

reversing a conviction where the factual basis for the guilty plea did not establish the crime

Summary of this case from In re Diaz
Case details for

Waugh v. State

Case Details

Full title:THOMAS V. WAUGH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 18, 1980

Citations

388 So. 2d 253 (Fla. Dist. Ct. App. 1980)

Citing Cases

Miller v. State

Error is fundamental in nature where a manifest injustice would otherwise occur; a manifest injustice…

Mancini v. State

Prior to accepting a plea of guilty or nolo contendere, the trial court must receive in the record facts…