ROBERT R. D. V. COOLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The defendant is entitled to an evidentiary hearing regarding the voluntariness of his guilty plea.
Defendant pleaded guilty to assault with intent to commit robbery and sought post-conviction relief, alleging his plea was coerced by his attorney's t…
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Defendant plead guilty to the crime of assault with intent to commit robbery and was duly sentenced. He thereafter filed a motion for post conviction relief under Rule 1.850, 33 F.S.A., saying that his plea was coerced because his attorney (Public Defender) told him that he would receive the death penalty if he did not plead guilty and that, if the plea was made, he would receive a five year sentence. This motion was denied without an evidentiary hearing. Defendant appeals. We reverse.
Review of the record so far as it travels, as conceded by defendant, reveals no lack of voluntariness on the part of defendant in the entry of his guilty plea. However, the present concrete averments do not appear and are not refuted in the record. If they are true they could very well lead to the conclusion that the plea was involuntary and that defendant should be permitted to withdraw it.
We, therefore, hold that the defendant, appellant here, is entitled to an evidentiary hearing as to the voluntariness of his guilty plea and specifically with reference *680to his allegation that his attorney threatened him with the death penalty if he did not plead guilty and his advancement of the tacit promise that he would receive a five year sentence, only, if he did plead guilty. We do this on authority of Brumley v. State, Fla.App.1969, 224 So.2d 447, and Bartz v. State, Fla.App.1969, 221 So.2d 7.
Reversed and remanded for an eviden-tiary hearing in accordance with this opinion.
Reversed and remanded.
REED and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ream v. State, 449 So. 2d 960 (Fla. 4th DCA 1984)…conditions referred to above. There is no contradicting testimony. Nor does the record contain any other evidence to contradict that contention. A guilty plea induced by a promise of defense counsel that is not kept is involuntary. Cooley v. State, 245 So. 2d 679 (Fla. 4th DCA 1971). We note in passing that the colloquy between the judge and appellants when their plea was taken is inadequate to meet the requirements for determination of vol-untariness. Such inadequacy is not enough to permit withdrawal of t…
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Artis Scarborough v. State, 278 So. 2d 657 (Fla. 2d DCA 1973)…238 So. 2d 65. For his contention that he was psychologically coerced by his attorney to enter his plea of guilty, appellant cites Brumley v. State, Fla.App., 224 So. 2d 447; Davis v. State, Fla.App., 242 So. 2d 750, and Cooley v. State, Fla.App., 245 So. 2d 679. In those cases the appellate court indicated that the record did not affirmatively refute the allegations. In the case sub judice, however, the record shows that appellant specifically denied that anyone in any fashion whatever had done anything by…
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Bryant v. State, 355 So. 2d 497 (Fla. 1st DCA 1978)…n concurrently with the prison sentence to be imposed on another charge to which the appellant had previously entered a plea of guilty. If these allegations were true, such would lead to a conclusion that the pleas were involuntary. Cooley v. State, 245 So. 2d 679 (Fla. 4th DCA 1971); Roberts v. United States, 486 F. 2d 980 (5th Cir. 1973). The record does not refute the allegation that the pleas were entered due to coercion or promises. Cf. Scarborough v. State, 278 So. 2d 657 (Fla. 2d DCA 1973); Pierce v. S…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
- Bartz v. State, 221 So. 2d 7 (Fla. 2d DCA 1969)