DONNIE ROGERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
This appeal is from an order denying defendant’s motion to vacate pursuant to Fla.R.Crim.P. 3.850. The pro se motion was denied without an evidentiary hearing. On appeal, it is urged that defendant’s statement in his motion that his plea of nolo contendere was “forced upon him by Dade County law enforcement” was sufficient to require an evidentiary hearing. The record of the entry of the plea in 1974 clearly establishes the voluntariness of the plea absent any new facts to bring the voluntariness into question. The defendant having failed to allege any such fact, the order appealed is affirmed. See Paige v. State, 282 So. 2d 192 (Fla.2d DCA 1973); Whitlow v. State, 256 So. 2d 48 (Fla.2d DCA 1971); and Gibson v. State, 213 So. 2d 8 (Fla.4th DCA 1968).
Affirmed.
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Runyon v. State, 460 So. 2d 494 (Fla. 1st DCA 1984)…. In particular, this transcript shows that appellant stated that no one had threatened, coerced, or intimidated him in any way in order to get him to plead guilty. See generally Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984); Rogers v. State, 362 So. 2d 1031 (Fla. 3d DCA 1978). Next, we find that appellant failed to demonstrate that defense counsel’s advice to plead guilty was “outside the wide range of professionally competent assistance.” Strickland v. Washington, — U.S. —, 104 S.Ct. 2052, 2066, 80…
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Lucas v. State, 438 So. 2d 440 (Fla. 3d DCA 1983)…e denial of his motion is affirmed. Washington v. State, 397 So. 2d 285 (Fla.1981); Knight v. State, 394 So. 2d 997 (Fla.1981); Shannon v. State, 406 So. 2d 87 (Fla. 1st DCA 1981); Harvin v. State, 385 So. 2d 119 (Fla. 3d DCA 1980); Rogers v. State, 362 So. 2d 1031 (Fla. 3d DCA 1978).…
Authorities Cited
- Whitlow v. State, 256 So. 2d 48 (Fla. 2d DCA 1971)
- Wilkin Leroy Gibson v. State, 213 So. 2d 8 (Fla. 4th DCA 1968)
- Namon D. Paige v. State, 282 So. 2d 192 (Fla. 2d DCA 1973)