FREDDRICK CHARLES WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Freddrick Washington challenged the trial court's denial of his motion to correct his sentence, arguing there was no factual basis for the mandatory three-year minimum for firearm possession. The Florida Second District Court of Appeal reversed, holding that challenges to the factual basis of mandatory sentence enhancements are cognizable under Florida Rule of Criminal Procedure 3.800(a) and remanded for the trial court to either attach supporting documents or hold an evidentiary hearing.
Challenges claiming an absence of factual basis for a mandatory sentence enhancement are cognizable through rule 3.800(a) motions. When the plea is not based on a jury verdict, the factual basis can be established by the transcript of the plea colloquy or documents in the court file such as law enforcement affidavits. The trial court must either append documents refuting the claim or hold an evidentiary hearing if none is available.
[1] A motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) is cognizable for claims asserting an absence of a factual basis to sustain the manda…
[2] When a conviction results from a jury verdict, the factual basis for a mandatory sentence must be established by a special verdict form.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Attempts to correct sentences which claim, as does Washington's, an absence of a factual basis to sustain the mandatory portion of the sentence are in fact cognizable through the use of rule 3.800(a).”
Establishes the primary holding that rule 3.800(a) is the proper vehicle for challenging the factual basis of mandatory sentence enhancements.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWashington entered a plea to a robbery charge and received a sentence that included a mandatory three-year minimum for possession of a firearm. Washin…
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[*417] PER CURIAM.
Freddrick Washington challenges the trial court’s denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which the court found his assertion that this mandatory three-year minimum for possession of a firearm 1 was only reviewable if raised by means of a rule 3.850 motion. We reverse.
Attempts to correct sentences which claim, as does Washington’s, an absence of a factual basis to sustain the mandatory portion of the sentence are in fact cognizable through the use of rule 3.800(a). Hubbard v. State, 667 So. 2d 936 (Fla. 2d DCA 1996). When the conviction results from the verdict in a jury trial, the sentence can be sustained only if a special verdict form is returned establishing the facts necessary for the imposition of the mandatory sentence. State v. Tripp, 642 So. 2d 728 (Fla.1994). In this case Washington entered a plea to the robbery charge, and the claim can be refuted by a transcript of the factual basis recited at the time the plea was entered, or by documents in the court file at the time of the plea, such as law enforcement affidavits.2 In its order denying the motion the trial court made note of such an affidavit, but failed to append it to the order denying the motion.
We reverse the order of the trial court and remand for attachments which refute the claim, or, if none is available, for an evidentiary hearing. Hubbard, 667 So. 2d at 937. The other claim raised by Washington is without merit.
Affirmed in part, reversed in part, and remanded.
QUINCE, A.C.J., and WHATLEY and NORTHCUTT, JJ., concur. . Appellant claims there was no evidence that he was ever in manual possession of a firearm during the commission of the robbery to which he entered a plea, and that as a consequence no mandatory prison time applies. § 775.087(2), Fla.Stat. (1987).
. Depositions or police affidavits have been deemed sufficient to support a factual basis otherwise stipulated to by Ae parties in an attack on a Aree-year minimum which attempts to vacate Ae plea based upon a lack of voluntariness in entering Ae plea. Blackwood v. State, 648 So. 2d 294 (Fla. 3d DCA 1995).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Vinney Tripp, 642 So. 2d 728 (Fla. 1994)
- Blackwood v. State, 648 So. 2d 294 (Fla. 3d DCA 1995)
- Hubbard v. State, 667 So. 2d 936 (Fla. 2d DCA 1996)