State v. Velez
Annotate this CaseDefendant was charged with one count of robbery and one count of willful injury causing serious injury. The charges both stemmed from a single incident involving a single victim. Pursuant to a plea agreement, Defendant pleaded guilty to two counts of willful injury causing serious injury. Defendant appealed, arguing that his trial counsel was ineffective for allowing him to enter a guilty plea without a factual basis. The court of appeals vacated one of the willful injury convictions, finding that there was not a sufficient factual basis in the record to support a second independent charge of willful injury causing serious injury. The Supreme Court vacated the decision of the court of appeals and affirmed the judgment of the district court, holding that the record established an independent factual basis for the factual charge, and thus, counsel was not ineffective in allowing Defendant to enter guilty pleas to two separate counts of willful injury causing serious injury.
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