Freber v. StateFreber v. State
We affirm an order denying Appellant‘s motion for relief under rule 3.850, Florida Rules of Criminal Procedure, to vacate his sentence and to withdraw his guilty plea. There is record support for the trial court‘s conclusion that Appellant was advised of, and understood the terms of the plea agreement and the rights relinquished by his plea.
Appellant contends that the court‘s inquiry was cursory and that he was not advised of the minimum sentence he might have received had the court elected not to sentence him as a habitual offender. Although he was told what percentage of his sentence he would have to serve, this percentage was not converted into “real” years for him. Appellant also contends that more extensive questioning by the trial court would have uncovered the possibility of an intoxication defense.
The state correctly notes that even if the plea inquiry was minimal, Appellant has failed to demonstrate prejudice or manifest injustice. Panno v. State, 517 So.2d 129 (Fla. 4th DCA 1987), rev. denied, 525 So.2d 880 (Fla. 1988).
With respect to the plea being voluntarily and intelligently entered, the record reflects that there was sufficient evidence presented at the evidentiary hearing on Appellant‘s motion to vacate to determine Appellant‘s understanding, intelligence, and comprehension. See Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984).
The one demonstrated error is the court‘s failure to elicit a factual basis for the plea. See Mack v. State, 616 So.2d 109 (Fla. 4th DCA 1993);
We recognize that the record also reflects the court‘s failure to advise Appellant of potential deportation consequences. However, this is patently harmless as the record also demonstrates his U.S. citizenship.
In all, although the plea colloquy fell short of the requirements set out in
Therefore, the judgment and sentence are affirmed.
DELL, C.J., and HERSEY, J., concur.