Christopher Wilburn v. State of Florida

2025-2015Fladistctapp3

Testo completo

Third District Court of Appeal
State of Florida
Opinion filed December 31, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-2015
Lower Tribunal No. F22-19244
________________
Christopher Wilburn,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.
Christopher Wilburn, in proper person.
James Uthmeier, Attorney General, for appellee.
Before FERNANDEZ, GORDO and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Woodbury v. State, 320 So. 3d 631, 650 (Fla. 2021)
(“The inquiry to determine if a plea has a factual basis need not be a mini-
trial[.]”) (internal quotation marks and citation omitted); Williams v. State, 316
So. 2d 267, 273 (Fla. 1975) (“We hold that the court may satisfy itself by
statements and admissions made by the defendant, his counsel, and the
prosecutor; by factual evidence heard or filed in the cause, i.e., preliminary
hearings, motions to suppress, or depositions taken in the cause. . . . These
are not the exclusive means for a trial court to reach a determination. The
trial court is free to utilize whatever procedure is best for the particular case
before it to ensure that the defendant is entering a plea to the proper offense
under the facts of the case.”); Francis v. State, 121 So. 3d 67, 68-69 (Fla. 3d
DCA 2013) (“The State’s proffer during the plea colloquy and defense
counsel’s stipulation that there was a factual basis for the plea satisfied the
factual basis requirement of Florida Rule of Criminal Procedure 3.172(a).”).

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