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456 So. 2d 571

456 So.2d 571

9 Fla.L.Weekly 2061

Montrose v. State

District Court of Appeal of Florida

Decided September 27, 1984

District Court of Appeal of Florida · decided 1984-09-27

Cited by 2 later decisions — most recently October 1991

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1984-09-27

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PER CURIAM.

¶1The transcription of the plea taking dialogue in this case is insufficient to establish the factual basis, as required by Florida Rules of Criminal Procedure 3.172(a), for a plea of guilty to aggravated battery (§ 784.045(l)(a), Fla.Stat. (1981)). The order summarily denying defendant’s 3.850 motion is reversed and this cause is remanded for a full adversary hearing and determination as to whether the underlying facts in this case as to the element of “great bodily harm, permanent disability, or permanent disfigurement” are adequate to support the guilty plea. If the trial court finds the underlying facts to be insufficient in that regard, the trial court shall also make an inquiry into, and adjudication as to, the competency of the defense counsel who represented the defendant when he entered his plea of guilty.

¶2REVERSED AND REMANDED.

DAUKSCH, SHARP and COWART, JJ., concur.
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