Involuntary Plea

776 Florida cases classified under this topic, plus 506 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dewey M. Council v. State
  9 So. 3d 721· Fla. 2d DCA· 2009-04-22 ·cited 4×
  Dewey Council appealed his convictions for obstruction of justice, disorderly conduct, and failure to register as a sex offender after the trial court denied his motion to withdraw his no-contest plea. The court reversed, holding that the trial court erred by failing to appoint c
• Marckman v. State
  997 So. 2d 1275· Fla. 2d DCA· 2009-01-07 ·cited 4×
  Marckman appeals the trial court's summary denial of his Rule 3.850 postconviction motion raising six claims. The court erred in summarily denying ground four, which alleged his guilty plea was involuntary because the trial court failed to advise him of the consequences of a habi
• Guzman v. State
  994 So. 2d 1252· Fla. 4th DCA· 2008-11-26 ·cited 4×
  The trial court erred by summarily denying a motion to withdraw a guilty plea without first appointing conflict-free counsel to assist the defendant, as required by precedent establishing that the thirty-day window for such motions is a critical stage of criminal proceedings.
• Gugelman v. State
  940 So. 2d 503· Fla. 5th DCA· 2006-10-20 ·cited 4×
• Stokes v. State
  938 So. 2d 644· Fla. 2d DCA· 2006-10-11 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The trial court abused its discretion by denying the motion to withdraw the no contest plea because the record did not affirmatively show the plea was voluntary and intelligent.
• Ott Cornelius, II v. State
  913 So. 2d 1176· Fla. 4th DCA· 2005-10-12 ·cited 4×
  The loss of an opportunity to apply for a work permit license is a collateral consequence of a guilty plea, not a direct consequence, and therefore trial courts have no duty to inform defendants of collateral consequences prior to accepting a plea. A change in administrative rein
• Griffin v. State
  899 So. 2d 514· Fla. 2d DCA· 2005-04-29 ·cited 4×
  Griffin appeals the denial of his motions to withdraw guilty pleas after sentencing for grand theft and possession of cocaine. The trial court imposed a prison sentence after the Salvation Army drug treatment program—which was the basis of Griffin's plea agreement—rescinded his a
• Love v. State
  877 So. 2d 921· Fla. 5th DCA· 2004-07-23 ·cited 4×
  Lynda Lee Love appealed her judgment and sentence following a guilty plea, challenging the adequacy of her competency hearing, the trial court's denial of her motion to withdraw the plea, and a scrivener's error in the judgment. The appellate court found no abuse of discretion an
• Weston Opas v. State
  868 So. 2d 598· Fla. 5th DCA· 2004-03-05 ·cited 4×
  Weston Opas appeals the trial court's denial of his motion to withdraw a guilty plea to child pornography charges. The appellate court found that the trial judge's statements suggesting a prison sentence if the defendant pursued a motion to suppress hearing constituted potential
• Peloquin v. State
  858 So. 2d 1213· Fla. 4th DCA· 2003-11-12 ·cited 4×
  Court reversed summary denial of motion to withdraw nolo contendere pleas where counsel allegedly represented defendant would receive downward departure and treatment program rather than prison.
• Hoggs v. State
  857 So. 2d 358· Fla. 5th DCA· 2003-10-24 ·cited 4×
  Louis Jeffrey Hoggs appealed the denial of his Rule 3.850 ineffective assistance of counsel motion, claiming his trial counsel misadvised him about sentencing. The Fifth District Court of Appeal affirmed the trial court's summary denial, holding that Hoggs's motion was legally in
• Broderick Mongo v. State
  846 So. 2d 613· Fla. 1st DCA· 2003-05-23 ·cited 4×
  A defendant challenging a guilty plea on grounds of ineffective assistance of counsel must satisfy both prongs of the Strickland test—showing both deficient performance and prejudicial effect on the plea—and must allege sufficient facts demonstrating how counsel's failure to obje
• Hawn v. State
  840 So. 2d 352· Fla. 5th DCA· 2003-02-28 ·cited 4×·via Coerced Guilty Plea
  Christopher Hawn appealed the summary denial of his second Rule 3.800(a) motion seeking to correct his 1988 conviction for burglary and sexual battery. The court affirmed the denial, finding Hawn's claims were successive, already rejected on the merits in prior proceedings, and p
• DOW v. State
  823 So. 2d 830· Fla. 2d DCA· 2002-08-14 ·cited 4×
  Toby Dow appeals the summary denial of his post-conviction motion claiming his plea was involuntary due to counsel's alleged misrepresentation that he would receive youthful offender sanctions. The court affirmed the denial of two claims but reversed and remanded on the involunta
• Gonzalez v. State
  826 So. 2d 410· Fla. 2d DCA· 2002-07-26 ·cited 4×
  Robert Gonzalez appealed the denial of his motion to withdraw a guilty plea, arguing it was involuntary because he relied on invalid 1995 sentencing guidelines when entering the plea. The court reversed and remanded, holding that Gonzalez was entitled to withdraw his plea because
• Hoag v. State
  801 So. 2d 207· Fla. 2d DCA· 2001-12-05 ·cited 4×
  The court held that a plea is involuntary if based on an incorrect understanding of sentencing guidelines, and the defendant is entitled to resentencing or withdrawal of the plea.
• Mended v. State
  805 So. 2d 905· Fla. 2d DCA· 2001-10-19 ·cited 4×
  The court affirmed the summary denial of postconviction relief for failure to allege actual deportation threat, but without prejudice to refiling with sufficient factual allegations.
• Robinson v. State
  792 So. 2d 632· Fla. 4th DCA· 2001-08-22 ·cited 4×
• Seaborne v. State
  789 So. 2d 1244· Fla. 1st DCA· 2001-08-01 ·cited 4×
  Seaborne challenged a postconviction order that purported to grant him a belated appeal after his counsel failed to reserve a suppression issue. The court held that only the appellate court, not the trial court, may grant a belated appeal, and that the proper remedy is to allow w
• Baker v. State
  793 So. 2d 69· Fla. 4th DCA· 2001-07-25 ·cited 4×
  The court held that the appellant's theft of the truck was not too attenuated from the fatal collision to support his felony murder conviction, affirming the denial of post-conviction relief.
• Fernandez v. State
  782 So. 2d 944· Fla. 4th DCA· 2001-04-04 ·cited 4×
  The court held that the trial court's finding that the appellant was accurately advised of the maximum possible sentence was not supported by the record.
• Aguilar v. State
  756 So. 2d 257· Fla. 3d DCA· 2000-05-03 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  A defendant appeals the denial of his Rule 3.850 postconviction motion, claiming he was misadvised by defense counsel regarding gaintime eligibility. The court holds that the claim, though raised in an amended motion outside the two-year limitations period, qualifies as a timely
• Griffin v. State
  760 So. 2d 205· Fla. 2d DCA· 2000-04-14 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The Florida Second District Court of Appeal held that trial courts lack authority to deny appointment of appellate counsel to indigent defendants by finding their appeals frivolous; only appellate courts can determine whether an appeal presents viable issues warranting counsel ap
• Libertelli v. State
  750 So. 2d 138· Fla. 2d DCA· 2000-01-26 ·cited 4×
  The court held that the trial court's summary denial of the motion for postconviction relief was improper because the plea colloquy did not conclusively refute the defendant's claim that his drug addiction rendered his plea involuntary.
• Evans v. State
  763 So. 2d 1109· Fla. 4th DCA· 1999-12-22 ·cited 4×
  Neal Evans appeals a trial court's summary denial of his post-conviction motion claiming his guilty plea to second-degree murder was involuntary due to ineffective counsel who allegedly misadvised him about time-served calculations. The appellate court affirms, finding the record
• Somintac v. State
  748 So. 2d 301· Fla. 3d DCA· 1999-09-29 ·cited 4×
  Rudy Somintac appeals the denial of his petition for writ of error coram nobis, which sought to set aside his 1994 no contest plea to lewd assault on grounds that he was not informed the plea could subject him to deportation. The court affirmed the denial, holding that such defec
• Marlin Doren Irving v. State
  741 So. 2d 519· Fla. 2d DCA· 1999-06-04 ·cited 4×
  Court reversed summary denial of postconviction relief motion where defendant stated facially sufficient claim that his guilty plea was involuntary due to incompetency and counsel's ineffective assistance in failing to investigate.
• Kirby v. State
  733 So. 2d 1054· Fla. 1st DCA· 1999-04-16 ·cited 4×
• Delacruz v. State
  721 So. 2d 763· Fla. 2d DCA· 1998-11-13 ·cited 4×
  Rodolfo Delacruz appealed the denial of his postconviction Rule 3.850 motion challenging his guilty plea for DUI manslaughter and leaving the scene of an accident. The appellate court affirmed most of the trial court's rulings but reversed and remanded one claim regarding counsel
• D.L. v. State
  719 So. 2d 931· Fla. 5th DCA· 1998-09-11 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court erred in denying the motion to withdraw the guilty plea because there was doubt as to the juvenile's understanding of the charges and waiver of counsel.
• Grantham v. State
  712 So. 2d 851· Fla. 5th DCA· 1998-07-17 ·cited 4×
• Hall v. State
  677 So. 2d 85· Fla. 2d DCA· 1996-07-19 ·cited 4×
  The court held that an arrest alone is insufficient to revoke probation and that the trial court erred in summarily denying relief without addressing the claim of ineffective assistance of counsel.
• Bryant v. State
  661 So. 2d 951· Fla. 4th DCA· 1995-10-25 ·cited 4×
  Florida appellate court reversed summary denial of post-conviction relief motion where defendant claimed his guilty plea was involuntary due to psychotropic medication, holding that an evidentiary hearing was required because the record did not conclusively refute the allegation.
• Schroeder v. State
  641 So. 2d 947· Fla. 5th DCA· 1994-09-02 ·cited 4×
  Defendant's no-contest plea must be withdrawn when the federal government's refusal to accept him defeats the condition of concurrent sentencing that was material to the plea agreement.
• Mitchell v. State
  638 So. 2d 606· Fla. 1st DCA· 1994-06-23 ·cited 4×
  The court held that the motion for post-conviction relief was facially insufficient and should be dismissed without addressing the merits.
• Hannah v. State
  623 So. 2d 855· Fla. 3d DCA· 1993-09-14 ·cited 4×
  The court held that the plea colloquy conclusively demonstrated the defendant's understanding of habitual offender sentencing, thus his plea was voluntary.
• Cleveland Darden v. State
  604 So. 2d 1256· Fla. 5th DCA· 1992-09-04 ·cited 4×
  Florida appellate court quashed a trial court's order denying a Rule 3.850 motion because the trial court lacked jurisdiction to rule on it after the defendant filed a notice of plenary appeal.
• Bell v. State
  602 So. 2d 693· Fla. 2d DCA· 1992-08-07 ·cited 4×
  The court held that the record was insufficient to refute the defendant's claim that his plea was involuntary due to counsel's unfulfillable promises regarding parole and gain-time credits.
• United States v. Gyan Parkash Syal
  963 F.2d 900· 6th Cir.· 1992-05-11 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court's failure to inform the defendant of the elements of the offense and the consequences of supervised release during the plea colloquy constituted a violation of Rule 11 that was not harmless error.
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a
• Chantay A. Cobb v. State
  582 So. 2d 81· Fla. 1st DCA· 1991-06-19 ·cited 4×·via Coerced Guilty Plea
  Chantay Cobb appealed the summary denial of her Rule 3.850 postconviction motion seeking to withdraw a guilty plea based on ineffective assistance of counsel and involuntariness. The appellate court reversed and remanded, holding that Cobb established a prima facie case for relie
• Lopez-Nieves v. United States
  917 F.2d 645· 1st Cir.· 1990-10-29 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's claims of ineffective assistance of counsel and an invalid guilty plea lacked merit, and the district court properly denied his motion to vacate his sentence.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Smith v. State
  556 So. 2d 804· Fla. 2d DCA· 1990-02-14 ·cited 4×
  Smith appealed the summary denial of his motion for postconviction relief challenging the voluntariness of his guilty plea to escape. He alleged that his counsel misled him about the sentence he would receive and failed to advise him that he could be sentenced as a habitual offen
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Casseus v. State
  508 So. 2d 1251· Fla. 3d DCA· 1987-02-24 ·cited 4×
• Abelino Rodriguez v. Ricketts
  777 F.2d 527· 9th Cir.· 1985-12-02 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
• Powell v. State
  464 So. 2d 1319· Fla. 1st DCA· 1985-03-13 ·cited 4×
• Ford v. Ford
  749 F.2d 681· 11th Cir.· 1985-01-02 ·cited 4×
  The court held that an actual conflict of interest existed due to dual representation of co-defendants with divergent interests, violating the Sixth Amendment right to effective assistance of counsel.