Fitzpatrick v. State

Concurring Opinion

Staton, P.J.

— Fitzpatrick contends that he should be allowed to withdraw his guilty plea because the trial court failed to establish a factual basis for his plea. The affidavit charging Fitzpatrick with carrying a pistol without a license was read to him at his arraignment. Furthermore, the trial court questioned him as to whether he did in fact commit the offense. I concur in result because I believe, under the facts of this case, that the trial court’s ascertainment of the factual basis for - the plea was sufficient, and Fitzpatrick has shown no prejudice because of the…