LARRY C. GOODMAN
v.
STATE OF FLORIDA
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A trial court may strike a pro se Rule 3.170(l) motion as a nullity when the defendant makes only broad, general allegations of ineffective counsel without specific allegations of misadvice, affirmative misrepresentations, or coercion.
[1] A trial court may strike a pro se Rule 3.170(l) motion without a hearing when the defendant asserts only broad, general allegations of ineffective counsel without specifi…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant's 'broad, general allegations of ineffectiveness of his counsel do not indicate misadvice, coercion, or misrepresentation that would require a hearing under Sheppard.'”
Echeverria v. State, 33 So. 3d 802, 804 (Fla. 1st DCA 2010)
Goodman, an appellant pro se, filed a Rule 3.170(l) motion challenging his plea conviction in Duval County circuit court. The trial court struck the m…
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PER CURIAM.
AFFIRMED. See Sheppard v. State, 17 So. 3d 275, 286-87 (Fla. 2009) (agreeing that a trial court may strike pro se rule 3.170(l) motion as a nullity unless the motion “contains specific allegations that give rise to an adversarial relationship, such as misadvice, affirmative misrepresentations, or coercion that led to the entry of the plea”); Echeverria v. State, 33 So. 3d 802, 804 (Fla. 1st DCA 2010) (holding that a defendant’s “broad, general allegations of ineffectiveness of his counsel do not indicate misadvice, coercion, or misrepresentation that would require a hearing under Sheppard.”). WOLF, WINOKUR, and JAY, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sheppard v. State, 17 So. 3d 275 (Fla. 2009)
- Echeverria v. State, 33 So. 3d 802 (Fla. 1st DCA 2010)