State v. Agnew

In State v. Agnew, 361 N.C. 333, 643 S.E.2d 581 (2007), the Supreme Court held that "guilty pleas must be substantiated in fact as prescribed by N.C. Gen. Stat. 15A-1022(c) (2005)." Id. at 335, 643 S.E.2d at 583. The "five sources of information regarding the factual basis for the plea listed in the statute are not exclusive," and a trial court may consider any information properly brought to its attention. Id. at 336, 643 S.E.2d at 583. The Court found the information in Agnew insufficient to establish a factual basis when the State made no presentation of the factual basis prior to the trial court's accepting the plea, and the trial court had before it only: (1) an indictment that "simply stated the charge and did not provide any further factual description of defendant's particular alleged conduct,"; (2) the defendant's stipulation that there was a factual basis; (3) the defendant's transcript of plea. Id. at 337, 643 S.E.2d at 584. The Court held that "the transcript, defense counsel's stipulation, and the indictment taken together did not contain enough information for an independent judicial determination of defendant's actual guilt in the instant case." Id.