Allen v. StateAllen v. State
These consolidated appeals raise common questions of law and procedure concerning prosecutions for felony petit theft under
1. Determine that the defendant voluntarily and knowingly waived the right to counsel when entering the plea of guilty or nolo contendere;
2. Determine that the plea was voluntarily and knowingly made by the defendant;
3. Advise the defendant that by pleading guilty the defendant was waiving the right to trial by jury, the right to compel the attendance of witnesses, the right to confront and examine witnesses against him or her, and the right to remain silent;
4. Advise the defendant of the maximum penalty provided by law for the offense charged;
5. Determine that there was a factual basis for the plea;
6. Determine that the defendant acknowledged guilt and that the plea was in the defendant‘s best interest.
Each motion was sworn to by the defendant and supported by attached documents and transcripts showing what occurred in the prior proceedings. None of the motions contained allegations of specific facts showing in what respects the defendant did not understand his constitutional rights or that the defendant was not voluntarily waiving such rights. Although each defendant argued that dismissal of the felony charge should deprive the circuit court of jurisdiction to try the surviving petit theft charge, none of the motions specifically allege any objection to circuit court jurisdiction.
The state‘s traverse and demurrer to each of the motions did not dispute the facts alleged but asserted that a (c)(4) motion was not proper for challenging these prior convictions and that the validity of the prior convictions should be determined by the court after a jury trial of the pending petit theft charge, citing State v. Harris, 356 So.2d 315 (Fla. 1978). In three of the cases, the defendant‘s motion to dismiss was denied. In the remaining two cases, the motion was granted.
The following questions, common to all five cases, are presented on appeal:
1. Whether a defendant being prosecuted for felony petit theft under section 812.014(2)(c) may collaterally attack in that proceeding the validity and reliability of alleged prior petit theft convictions on the ground that such convictions were obtained in violation of the defendant‘s constitutional rights.
2. Whether a motion to dismiss the felony charge pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure, is a proper means to challenge the validity and reliability of the alleged prior convictions.
3. Whether the defendant, when collaterally attacking such prior convictions, has the burden of showing more than the trial court‘s failure to advise the defendant of his constitutional rights or failure to determine that defendant voluntarily and knowingly waived such rights.
I
PROPRIETY OF COLLATERAL ATTACK ON PRIOR PETIT THEFT CONVICTIONS
In State v. Harris, supra, the Supreme Court held that
It is, of course, well established that a duly entered judgment of conviction and sentence is presumed valid. Paul v. State, 177 So.2d 537 (Fla. 3d DCA 1965). The United States Supreme Court has held, however, that a conviction obtained in violation of the defendant‘s constitutional right to counsel is void and cannot be used by the state in a subsequent criminal proceeding to support conviction under an enhancement or reclassification statute designed to increase the otherwise allowable period of imprisonment. Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967); Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980). See United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972).
In Burgett, supra, the defendant was charged with a felony and, pursuant to a recidivist statute, the state also alleged that the defendant had been convicted of four prior felonies. The recidivist statute provided that any person convicted of a third felony shall be subject to a substantially greater sentence, i.e., life imprisonment. Defendant challenged the admissibility of several of the prior convictions because the court records showed they were obtained when defendant was without counsel and had not waived counsel, in violation of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). The court held that the prior felony convictions were indeed void under Gideon and, therefore, could not be used in a subsequent criminal proceeding to increase the sentence of imprisonment because such use would mean that defendant‘s right to counsel was “being denied anew.” 389 U.S. at 116, 88 S.Ct. at 262.
In Baldasar, supra, the defendant was charged with petit theft and the state introduced evidence of a prior petit theft conviction to reclassify the misdemeanor charge to a felony. The defendant objected to admission of the prior conviction, arguing that he had not been represented by counsel and, as a result, his conviction was too unreliable to support enhancement. This argument was made even though the defendant, under Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979), was not entitled to court-appointed counsel in the prior petit theft proceeding because he was not actually sentenced to jail. The Court split 4-1-4 on the issue of using the prior uncounseled conviction for reclassification purposes. The four-member plurality held that the uncounseled conviction could not be used to support the jail sentence for the subsequent felony petit theft because that would result in the defendant being deprived of his liberty as a direct consequence of his uncounseled misdemeanor conviction, in violation of the rule in Scott v. Illinois. The four dissenting justices held the view that because the misdemeanor conviction was constitutionally valid under Scott v. Illinois, it could properly be used to support the subsequent felony charge and enhanced penalty. In a concurring opinion, Justice Blackmun followed
Because Justice Blackman‘s concurring opinion limits the impact of Baldasar, the most that can be derived from that decision is the rather unremarkable holding that a misdemeanor conviction, void because obtained in violation of a defendant‘s right to counsel, cannot be subsequently used to support conviction for an offense requiring imprisonment under a reclassification or recidivist statute. This holding is a logical extension of Burgett v. Texas to misdemeanor actions.4
As we read Burgett and Baldasar, even though a defendant may not have appealed prior petit theft convictions, use of those convictions to support a reclassified charge of felony petit theft may be attacked upon proof that the defendant was entitled to counsel in the petit theft proceedings, was convicted without counsel, and did not make a voluntary and knowing waiver of counsel.
The next question is whether the Baldasar rationale should be extended to preclude use of prior misdemeanor convictions to support felony reclassification where those convictions were based upon guilty pleas made without the court having determined that the pleas were voluntary and intelligent and that the defendant was aware of the various constitutional rights being waived by a guilty plea, or without the court having complied with the requirements of
In Burgett, the Supreme Court based its decision on the simple proposition that the prior felony convictions were void due to a violation of defendant‘s right to counsel and, on conviction of a subsequent criminal offense, could not be used to support enhancement of the sentence. The Baldasar opinion, as limited by Justice Blackmun‘s concurrence, stands for the same proposition where a prior misdemeanor conviction is obtained in violation of the defendant‘s right to counsel under Scott v. Illinois. Additionally, Justice Marshall, in his concurring opinion in Baldasar, stressed that “unless an accused has `the guiding hand of counsel at every step in the proceedings against him‘... his conviction is not sufficiently reliable to support the severe sanction of imprisonment.” 446 U.S. at 227, 100 S.Ct. at 1588. It appears, therefore, that under the Burgett and Baldasar rationale, two inquiries are critical: (1) Whether the prior conviction is void for violation of a constitutional right and, if not, (2) whether the prior conviction is so unreliable because of a violation of a constitutional right that it cannot be used to enhance imprisonment.
The United States Supreme Court has recognized that certain constitutional rights are of fundamental importance to our system of jurisprudence. Numbered
The deprivation of any of these constitutional rights destroys the fairness of a criminal proceeding and renders any resulting conviction inherently unreliable. Although a defendant is clearly entitled to exercise the above rights, he may waive such rights if the waiver is made knowingly and voluntarily. But a waiver of these constitutional rights not made knowingly and voluntarily is the equivalent of no waiver at all. Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962). If, as Burgett and Baldasar hold, a conviction obtained in violation of a defendant‘s right to counsel is void or too unreliable to be used in a subsequent prosecution under a reclassification or enhanced penalty statute, it logically follows that a conviction obtained in violation of any of the other fundamental rights cited above would be similarly void and unreliable. We see no logical reason why the rationale of Burgett and Baldasar should not be extended to the constitutional rights delineated above, so that if a defendant‘s prior convictions are based upon guilty pleas made without a knowing and intelligent waiver of these fundamental rights, such prior convictions may not be used to establish the offense of felony petit theft.
II
CHALLENGING PRIOR CONVICTIONS BY MOTION TO DISMISS
The second issue is whether a motion to dismiss under
The various defendants in these consolidated appeals properly point out that when no material facts are in dispute a
In response, the state argues, pursuant to State v. Harris, supra, the proper procedure is for the circuit court to determine the validity of the alleged prior petit theft convictions in a separate hearing after the defendant has been tried and found guilty of the pending petit theft charge. The state urges that if the circuit court, under
Finding some merit in the arguments of both parties, we conclude that the validity of prior petit theft convictions may be attacked either by a (c)(4) motion to dismiss, if no material facts are in dispute, or in a Harris type hearing after trial; however, if a (c)(4) motion is granted on a finding that the prior convictions are invalid, the circuit court is not divested of jurisdiction to proceed on the petit theft charge which survives the (c)(4) motion.
The jurisdiction of a circuit court in a criminal case is invoked by filing an information which properly and in good faith charges the commission of a crime cognizable in that court, and jurisdiction is to be determined solely from the face of the information. Pope v. State, 268 So.2d 173 (Fla. 2d DCA 1972); Brehm v. State, 427 So.2d 825 (Fla. 3d DCA 1983); 15 Fla. Jur.2d, Criminal Law, § 561; 13 Fla.Jur.2d, Courts and Judges, § 28. If the good faith allegations of the information, in and of themselves, do not demonstrate jurisdiction, then the cause should be dismissed with leave to file in the proper forum or, alternatively, transferred to that forum. Brehm v. State, supra; Wesley v. State, 375 So.2d 1093 (Fla. 3d DCA 1979); Englund v. State, 368 So.2d 86 (Fla. 2d DCA 1979). If, on the other hand, the allegations properly allege a jurisdictional basis, any determination during or after trial that the charges are not supported by the evidence does not divest the circuit court of jurisdiction over lesser offenses necessarily included in the offense charged. 15 Fla.Jur.2d, Criminal Law, § 687. Obviously, the circuit court is not divested of jurisdiction if the jury returns a verdict of not guilty as to the charged offense but guilty as to a lesser included offense.7
The applicability of this jurisdictional concept is not limited to situations where the jury determines guilt or innocence of the charged offense. If an information properly alleges, in good faith, the commission of a felony as the basis of circuit court jurisdiction, and the defendant files a
Difficulty arises, however, when a felony charge is dismissed on a (c)(4) motion and the only surviving lesser included offense is a misdemeanor. The question then becomes whether the circuit court can retain jurisdiction to proceed to
Our holding that the circuit court may retain jurisdiction to try the misdemeanor petit theft offense after granting a motion to dismiss the felony charge is fully consistent with the Supreme Court opinion in Harris. If, as Harris makes clear, the circuit court has jurisdiction to try the misdemeanor offense before a jury, even though it may thereafter determine in a subsequent hearing that the prior convictions relied upon by the state are invalid, we see no logical reason why the circuit court should lose jurisdiction simply because the prior petit theft convictions are determined to be invalid on a (c)(4) motion rather than in a post-trial hearing. In either event, the jury only tries the misdemeanor charge and the circuit court enters judgment and sentence on the misdemeanor if the prior convictions are invalid.
In Harris, the court did not specifically address the propriety of using a (c)(4) motion to collaterally attack the validity of prior convictions when the material facts are not in dispute. Obviously, if a material factual dispute exists, a (c)(4) motion is improper and the validity of disputed prior convictions may only be determined in a post-conviction Harris hearing.11 We believe, however, that when the operative facts are not in dispute, a (c)(4) motion is appropriate and properly serves the ends of justice.12But cf. State v. Dixon, 193 So.2d 62 (Fla. 2d DCA 1967).
III
DEFENDANT‘S BURDEN OF PROOF IN CHALLENGING PRIOR CONVICTIONS ON A MOTION TO DISMISS
The several defendants have alleged that their prior petit theft convictions are invalid because they were obtained in violation of constitutional rights. In all of these cases, the defendants allege that the prior convictions were invalid because the court failed to advise the defendant of the constitutional rights being waived by a guilty plea and failed to determine whether such waiver was made voluntarily and knowingly. Additionally, in Allen v. State, Case No. AR-461, the defendant alleges that, although she gave a written and oral waiver of counsel, her prior convictions are invalid because she did not knowingly and voluntarily waive this right and her pleas were obtained in violation of her constitutional right to counsel. We believe the controlling issue is the same with respect
A waiver of constitutional rights will not be presumed from a silent record. Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962). In order to make certain that a voluntary and knowing waiver has been made, the trial court has a legal duty to inform the defendant of pertinent constitutional rights and make a determination on the record that any waiver is made voluntarily and knowingly. It is clear that error occurs when a court convicts an unrepresented defendant or accepts a guilty plea without making the above determination, but this error does not necessarily render the conviction void. The key inquiry is not whether the trial court failed to follow proper procedure, but whether, as a matter of fact, the defendant, under the existing circumstances, knowingly and intelligently waived his constitutional rights.13 Wilkerson v. State, 401 So.2d 1110 (Fla. 1981). In other words, a conviction is rendered unreliable and void only when there is competent evidence to support a determination that the defendant in fact did not make a knowing and intelligent waiver.
Two decisions of the United States Supreme Court are pertinent to this question. In Baldasar v. Illinios, the Court, faced with a collateral attack on prior convictions because the defendant was unrepresented, held that the record, on its face, revealed that the defendant had not waived counsel, resulting in a deprivation of the defendant‘s constitutional rights, which rendered the conviction void. That circumstance is obviously distinguishable from the facts in Allen v. State, in which there was an express oral and written waiver of counsel.
In Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the Supreme Court reviewed a case in which the defendant was indicted on charges of common law robbery, an offense punishable by death. The defendant was represented by counsel and pled guilty, but the record revealed that the judge asked no questions of the defendant concerning his plea, nor did the defendant address the court. The defendant was convicted and sentenced to death. On review, the Court specifically noted that the Alabama law governing death cases required the court to “comb the record for `any error prejudicial to the appellant, even though not called to our attention in brief of counsel.‘” Id. at 241, 89 S.Ct. at 1711. The Court further noted, “[W]e may consider any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no lawful objection or exception was made thereto.” Id. at 241, 242, 89 S.Ct. at 1711. With this standard of review in mind, the court held, “It was error, plain on the face of the record, for the trial judge to accept petitioner‘s guilty plea without an affirmative showing that it was intelligent and voluntary.” Id. at 242, 89 S.Ct. at 1711. The dissenting opinion noted that petitioner “never at any time alleged that his guilty plea was involuntary or made without knowledge of the consequences.” Id. at 245, 89 S.Ct. at 1713. Boykin is distinguishable from the instant cases because it involved the appeal of a death sentence governed by an unusually broad standard of review which does not apply to the instant cases.
Under
In McPherson v. State, 237 So.2d 18 (Fla. 1st DCA 1970), the defendant sought review of a judgment of conviction based upon a plea of nolo contendere to an information charging the offense of breaking and entering with intent to commit a misdemeanor. The record reflected that at no time did the court inquire into the defendant‘s knowledge and understanding of the nature of the charges against him or of the legal consequences of his plea. The record also failed to reflect any examination of the defendant by the court with regard to the voluntariness of his plea. This court, in a well-reasoned opinion by Judge John Wigginton, discussed Boykin v. Alabama, supra, and specifically noted that in McPherson the defendant made no motion in the lower court to withdraw his plea on the ground that it was not knowingly and understandingly made or voluntarily tendered for acceptance by the court, stating:
Indeed, at no time either prior or subsequent to the imposition of judgment and sentence has any contention been made by appellant that the plea of nolo contendere filed on his behalf by his attorney was not knowingly, understandingly, and voluntarily made. The only contention urged by him on this appeal is that the record of the two hearings held before the court failed to reflect any inquiry of him concerning his understanding of the nature of the charge alleged in the information, or the voluntariness of the plea entered on his behalf by his attorney. We are not willing to assume without adequate support in the record that the trial judge did not make such inquiry as he deemed adequate and sufficient to insure that the plea entered by appellant was knowingly, understandingly, and voluntarily made at the time it was accepted and relied on as the basis for the imposition of judgment and sentence. We must therefore hold on the basis of the record before us that appellant has failed to demonstrate any violation of his constitutional rights or that he has been deprived of due process of law by the manner in which his trial court proceedings were conducted.
Id. at 20. Accord, Hodge v. State, 241 So.2d 865 (Fla. 1st DCA 1970). See Smith v. Morgan, 284 So.2d 12 (Fla. 2d DCA 1973); Williams v. State, 316 So.2d 267 (Fla. 1975).
When attacking the validity of prior convictions, the defendant has the burden of proving the alleged grounds by a preponderance of the evidence. Moore v. Michigan, 355 U.S. 155, 162, 78 S.Ct. 191, 195, 2 L.Ed.2d 167 (1957). But see, State v. Gomez, 363 So.2d 624 (Fla. 3d DCA 1978) (collateral attack under
With these principles in mind, we now examine each of the cases before us.
IV
DISPOSITION
Allen v. State, Case No. AR-461:
In 1983, an information for felony petit theft was filed against Allen alleging that she stole property valued at less than one hundred dollars, in violation of
1. The 1977 and 1979 petit theft convictions are invalid and may not be used to reclassify the petit theft to felony petit theft because the prior convictions were based upon uncounseled pleas of guilty and the court failed to determine that Allen voluntarily and knowingly waived her right to counsel.
a. Determine that the plea was voluntarily and knowingly entered by Allen;
b. Advise Allen that by pleading guilty she was waiving her right to trial by jury, her right to compel the attendance of witnesses, her right to confront and cross-examine witnesses against her, and her right to remain silent;
c. Advise Allen of the maximum penalty provided by law for the offenses charged;
d. Determine that there was a factual basis for the plea;
e. Determine that Allen acknowledged her guilt or that the plea was in her best interest.
The documents attached to Allen‘s motion showed she made an oral and written waiver of counsel in both of the prior proceedings. After reviewing the transcripts of the 1977 and 1979 plea proceedings, the trial court denied the motion to dismiss, finding that (1) Allen‘s waivers of counsel in the two prior petit theft proceedings were “intelligent“; (2) her uncounseled pleas of guilty were “voluntary“; (3) she failed to meet her burden of proving the invalidity of the waiver of counsel or the guilty pleas; and (4) she could not testify at the (c)(4) hearing for the purpose of bolstering the allegations of her sworn motion to dismiss. Allen subsequently pled nolo contendere to the felony petit theft, specifically reserving the right to appeal only the denial of her motion to dismiss. The court declared on the record that the motion to dismiss was dispositive of the case, adjudicated Allen guilty of felony petit theft, and sentenced her to four years in prison. Allen appeals only the denial of her motion to dismiss.
Allen‘s (c)(4) motion to dismiss, which was prepared by counsel, failed to expressly allege that her waivers of the right to counsel in the prior petit theft proceedings were not voluntarily or knowingly made and failed to allege that her guilty pleas were made without a voluntary and knowing waiver of her various constitutional rights. Allen has only argued, both in the trial court and in this court, that she was not to advised by the trial court of her rights and that the trial court did not determine the validity of her waivers thereof.
We hold that the procedural errors alleged in her motion are not sufficient to carry Allen‘s burden of proving the unreliability and invalidity of her prior convictions and that the court below properly denied the motion to dismiss. Allen did not proceed to briar after denial of her motion, but pled nolo contendere to felony petit theft and reserved only the right to appeal the denial of the motion to dismiss. Since the propriety of her motion to dismiss is all that is properly before us, we affirm Allen‘s conviction.16
Boggs v. State, Case No. AS-246:
The relevant facts of this case are similar to the facts in Allen v. State, with the following exceptions. Boggs moved to dismiss the amended information charging felony petit theft on the grounds that the alleged prior convictions were based on guilty pleas and could not be used to reclassify
Squires v. State, Case No. AS-383:
The information charging Squires with felony petit theft alleged that he was previously convicted on two petit theft counts on June 30, 1981. Squires filed his first motion to dismiss, alleging that the two prior petit theft convictions entered June 30, 1981, must be treated as one offense and, thus, cannot satisfy the statutory prerequisite of two prior petit theft convictions. Prior to the court‘s ruling on the motion, the state filed an amended information asserting that Squires was also previously convicted of felony petit theft on November 25, 1981. Squires then filed a sworn amended motion to dismiss alleging that the prior petit theft convictions of June 30, 1981, were invalid and could not support reclassification of the pending charge of felony petit theft because the trial courts, when Squires entered pleas of nolo contendere to petit theft in those prior proceedings, failed to advise him of the constitutional rights being waived by pleading guilty, failed to determine that his waiver was voluntarily and knowingly made, failed to advise him of the maximum penalty provided by law, and failed to determine a factual basis for the plea. Squires also alleged that the prior conviction for felony petit theft of November 25, 1981, was invalid because the information in that case had failed to allege the essential element of prior petit theft convictions. The trial court heard arguments on the motion to dismiss and filed a written order denying the motion. The court ruled: (1) a motion to dismiss challenging the validity of prior convictions was the proper procedure for attacking the court‘s jurisdiction; (2) the November 25, 1981, conviction of felony petit theft was invalid and could not be relied upon by the state because the information in that case had not alleged the essential element of the prior petit theft convictions; (3) Squires’ two convictions for petit theft on June 30, 1981, could be treated as two separate convictions for the purpose of felony petit theft; (4) the two prior petit theft convictions were facially valid because Squires was represented by counsel; and (5) any attack on the validity of those prior misdemeanor convictions would have to be made in county court. The trial court ruled that Squires failed to carry his burden of establishing that the prior convictions were based on involuntary pleas and refused to allow him to supplement the record by testifying about his understanding of the June 30, 1981, proceeding. The court did, however, allow a proffer in which Squires testified that, although he understood in the 1981 proceeding that he was pleading guilty to two petit theft charges, he did not understand his constitutional rights or the maximum penalty of a year in jail on each plea. Thereafter, Squires pled nolo contendere to felony petit theft, specifically reserving the right to appeal the denial of the motion to dismiss. The court ruled that the motion was dispositive, adjudicated Squires guilty, and sentenced him to three years in prison. Squires appeals the denial of his motion.
The trial court‘s ruling that Squires’ prior conviction for felony petit theft could not be relied upon by the state because the conviction was based on a jurisdictionally deficient information has not been challenged by the state on appeal. In view of our disposition of this case, we need not address that issue.
The court also ruled that any attack by Squires on his prior convictions would have to be made in county court. This ruling is erroneous for the reasons previously stated herein.
As in Allen and Boggs, we affirm the court‘s denial of Squires’ motion to dismiss because Squires failed to carry his burden of alleging and proving that his guilty pleas in the prior proceedings were not made voluntarily and knowingly. Although Squires proffered testimony at the (c)(4) hearing to the effect that he did not understand his rights when he pled guilty to the prior petit thefts, his testimony was vague and simply a conclusion that was not supported by competent evidentiary facts. Even if we were to rule that such proffer should have been considered in passing on the motion to dismiss, it would have no impact upon the correctness of the court‘s denial of his motion to dismiss.
Since the propriety of the order denying dismissal is all that is properly before us, Squires’ conviction and sentence for felony petit theft is affirmed.
Sheffield v. State, Case No. AT-299:
Sheffield was initially charged with felony petit theft, but the information did not specifically allege two prior convictions. The state filed a notice of intent to rely on two prior petit theft convictions to establish the reclassification of the charge to a felony. Both prior convictions were entered on October 7, 1981, one resulting from a September 1, 1981, offense and the other from an offense occurring on July 22, 1981. Sheffield moved to dismiss, alleging that the prior convictions were based on nolo pleas which could not be relied on by the state because of numerous constitutional violations, including failure to establish that the pleas were voluntarily and knowingly made. The state moved to quash the motion to dismiss and also filed a traverse and demurrer alleging that a (c)(4) motion to dismiss is not a proper means to test the validity of prior convictions and that the prior convictions were valid and sufficient to support the felony charge because Sheffield was represented by counsel. The court below granted Sheffield‘s motion to dismiss, finding that the prior convictions could not be relied upon by the state to reclassify the petit theft charge because they were based on invalid pleas obtained without the defendant being advised of (1) his right to a trial by jury, (2) his right to confront witnesses, (3) his right to remain silent, (4) the maximum penalty that could be imposed, and (5) because the court in each case failed to determine the factual basis for the plea. The state has appealed the granting of Sheffield‘s motion.
We hold that the court below erred in granting the motion to dismiss on the grounds stated because Sheffield failed to allege and prove specific facts showing that his guilty plea was not made voluntarily and knowingly or that he was unaware of the maximum penalty that could be imposed. The failure of the courts in the prior proceedings to determine a factual basis for the guilty pleas is not an error of such fundamental constitutional proportions that it requires an otherwise valid conviction to be rendered unreliable and void in collateral proceedings.
Although the grounds stated by the circuit court for dismissing Sheffield‘s charge were insufficient, we nevertheless
Brookins v. State, Case No. AT-311:
The relevant facts of this case are substantially similar to the facts in Sheffield v. State. Brookins’ motion was granted on substantially the same grounds, and the state has appealed. In accordance with our holding in Sheffield, the dismissal of the charges against Brookins is likewise affirmed. We certify as a question of great public importance the same question certified in O‘Neal v. State, supra.
ERVIN, C.J., and BOOTH, J., concur.
Notes
Theft of any property not specified in paragraph (a) or paragraph (b) [grand theft] is petit theft and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second conviction for petit theft, the offender shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and 775.084. (Emphasis added.)