Ruiz v. State

This is an appeal from a summary denial of a motion to vacate pursuant to Rule 3.850 Fla.R.Crim.P.

The defendant’s first claim is of ineffective assistance of counsel. This is refuted by the plea colloquy and therefore is without merit. See Knight v. State, 394 So.2d 997 (Fla.1981). The defendant’s second claim is of failure to establish a factual basis for the plea. There is no showing in the record that the state submitted any facts whatsoever to support the plea. The state contends, and we agree, that there was no allegation of prejudice or manifest injustice in this regard, (as shown by…