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

• Davis v. State
  187 So. 3d 1284· Fla. 1st DCA· 2016-04-12 ·cited 3×·via Voluntary And Intelligent Guilty Plea
• Rogero Wright v. State
  174 So. 3d 400· Fla. 4th DCA· 2015-06-24 ·cited 3×
  Rogero Wright appeals denial of post-conviction relief from his guilty plea, arguing the plea was involuntary because his sentencing scoresheet contained errors affecting the minimum sentence calculation. The Fourth District affirmed, holding that because Wright knew of the score
• Davis v. State
  126 So. 3d 1257· Fla. 2d DCA· 2013-11-15 ·cited 3×
  Marcus Davis appealed his convictions for drug trafficking and related offenses, challenging the trial court's denial of his motion to withdraw his guilty plea. The appellate court affirmed the convictions but reversed and remanded because the trial court should have held an evid
• Delbert G. Hall v. State
  72 So. 3d 290· Fla. 4th DCA· 2011-10-19 ·cited 3×
  Hall appeals the trial court's summary denial of his pro se motion to withdraw his guilty plea after sentencing. The court holds that Hall is entitled to a limited evidentiary hearing to determine whether an adversarial relationship with his attorney existed before the trial cour
• Carter v. State
  67 So. 3d 242· Fla. 2d DCA· 2010-11-10 ·cited 3×
  The court held that a defendant's claim that his plea was involuntary due to counsel's misrepresentation about concurrent sentencing is facially sufficient and warrants an evidentiary hearing.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Piper v. State
  21 So. 3d 902· Fla. 2d DCA· 2009-11-06 ·cited 3×
  Kevin Piper appeals the denial of his postconviction motion for ineffective assistance of counsel, claiming his plea was involuntary because counsel coerced him into accepting a guilty plea by demanding a $3,000 advance payment for trial and threatening vindictive sentencing. The
• Smith v. State
  968 So. 2d 675· Fla. 4th DCA· 2007-11-14 ·cited 3×
  The court held that the trial court erred in summarily denying relief on grounds that the defendant's pleas were involuntary due to counsel's misadvice, as the plea transcripts did not conclusively refute these claims. The court also reversed the denial of relief on the fourth gr
• Adlington v. State
  931 So. 2d 1040· Fla. 4th DCA· 2006-06-21 ·cited 3×
  Phillip Gene Adlington appealed the summary denial of his motions to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and for post-conviction relief under Rule 3.850. The Fourth District Court of Appeal affirmed the denial of most claims but reversed
• Kelly v. State
  907 So. 2d 550· Fla. 3d DCA· 2005-06-22 ·cited 3×
  Michael Kelly appeals the denial of his motion to withdraw a guilty plea to strong-arm robbery, claiming his attorney misadvised him about how the plea would affect his separate Broward County convictions. The Third District Court of Appeal affirmed the denial, finding the motion
• Lane v. State
  839 So. 2d 854· Fla. 1st DCA· 2003-03-10 ·cited 3×
  Eric Lane appealed the denial of a post-conviction motion under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary due to lack of knowledge of the statutory maximum penalty and that his counsel was ineffective for failing to withdraw the plea. The court r
• Williams v. State
  710 So. 2d 85· Fla. 5th DCA· 1998-04-09 ·cited 3×
  David Lee Williams appealed the summary denial of his motion to withdraw a guilty plea for cocaine trafficking, claiming his plea was involuntary because he was promised concurrent sentencing with his federal sentence but did not receive it. The court affirmed the denial, holding
• Kimbrough v. State
  694 So. 2d 869· Fla. 1st DCA· 1997-06-09 ·cited 3×
  The court held that the trial court erred in granting a belated appeal without first addressing the appellant's claim that his plea was involuntary.
• Johnson v. State
  680 So. 2d 536· Fla. 1st DCA· 1996-06-13 ·cited 3×
• Barney v. State
  636 So. 2d 873· Fla. 2d DCA· 1994-05-13 ·cited 3×
  A defendant's plea may be involuntary if induced by counsel's mistaken advice regarding sentencing.
• Neal v. State
  636 So. 2d 197· Fla. 4th DCA· 1994-05-04 ·cited 3×
  The court reversed the trial court's denial of post-conviction relief and remanded for an evidentiary hearing on the defendant's claim of involuntary plea, vacated his conviction for driving with a suspended license, and required appointment of new counsel due to conflict of inte
• Parker v. State
  616 So. 2d 1121· Fla. 1st DCA· 1993-04-12 ·cited 3×
  Jerry L. Parker appealed the denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel and involuntary plea. The court reversed, finding that Parker's allegations were not conclusively refuted by the record and that he stated sufficient facts to warran
• Perras v. State
  550 So. 2d 131· Fla. 1st DCA· 1989-10-05 ·cited 3×
  The appellate court affirmed the denial of post-conviction relief, holding that a negotiated plea was voluntary even though a probationary period was added to the incarceration term. The court distinguished this case from a prior ruling where a plea was deemed involuntary due to
• Waseleski v. State
  429 So. 2d 77· Fla. 4th DCA· 1983-04-06 ·cited 3×
  Cindy Waseleski pleaded guilty to trafficking in cocaine after negotiations she understood included an agreement that police would give her the opportunity to provide substantial assistance and earn prosecutorial leniency. After police failed to follow through on drug buys she ha
• Whittle v. State
  428 So. 2d 758· Fla. 2d DCA· 1983-03-25 ·cited 3×
  Court reversed summary denial of post-conviction relief motion for ineffective assistance of counsel and involuntary plea because trial court failed to conduct an evidentiary hearing or attach record portions refuting the allegations.
• Shank v. Smith
  426 F.2d 1344· 5th Cir.· 1970-06-02 ·cited 3×·via Coerced Guilty Plea
  The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
• Mason v. State
  221 So. 2d 10· Fla. 2d DCA· 1969-03-26 ·cited 3×
  Appellant Mason challenges the validity of his guilty plea to assault to commit murder and larceny charges, claiming it was involuntary. The court affirms the conviction, finding no evidence the plea was involuntary and expressing frustration with repeated frivolous motions after
• Clay Sims v. Alvis
  242 F.2d 506· 6th Cir.· 1957-03-29 ·cited 3×·via Coerced Guilty Plea
  The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
• Costello v. State
  330 So. 3d 1052· Fla. 2d DCA· 2021-12-22 ·cited 2×
  The appellate court reversed the denial of a motion for postconviction relief, finding that the lower court improperly denied the claim on the merits without sufficient record support. The defendant was given leave to amend his motion.
• Blalock v. State
  297 So. 3d 688· Fla. 1st DCA· 2020-06-10 ·cited 2×
  The appellate court affirmed a conviction for violating probation but reversed a conviction for possession of a controlled substance. The court found the plea colloquy for the probation violation was insufficient but not preserved, while the new law offense conviction lacked a pr
• Kathgret R. Rentz v. State
  285 So. 3d 1009· Fla. 1st DCA· 2019-12-05 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Kathgret Rentz, a school guidance counselor, was charged with lewd and lascivious conduct involving an 11-year-old student. She pleaded no contest believing she could appeal the trial court's ruling that her motion to suppress was dispositive, but the State later refused to stipu
• Ingraham v. State
  248 So. 3d 153· Fla. 4th DCA· 2018-06-06 ·cited 2×
  A trial court abuses its discretion when it appoints conflict-free counsel to represent a defendant in a motion to withdraw plea based on alleged attorney misconduct, but then summarily denies the motion the next day without affording the substitute counsel an opportunity to amen
• D.A.C. v. State
  201 So. 3d 1249· Fla. 2d DCA· 2016-10-26 ·cited 2×
  D.A.C., a juvenile, appeals three delinquency adjudications based on no-contest pleas entered without proper compliance with Florida Rule of Juvenile Procedure 8.165, which governs the waiver of counsel in juvenile proceedings. The appellate court reverses all three adjudications
• Rohan McDONALD v. State
  174 So. 3d 1068· Fla. 4th DCA· 2015-09-09 ·cited 2×
  The court held that a rule 3.850 motion cannot be summarily denied based solely on a plea form if it does not conclusively refute the defendant's claim of involuntary plea due to counsel's misadvice.
• Hodges v. State
  107 So. 3d 538· Fla. 2d DCA· 2013-02-22 ·cited 2×
  Randall Scott Hodges appealed the dismissal of his Rule 3.850 postconviction relief motion. The court affirmed the dismissal of amended claims two and six but reversed the dismissal of the original motion, finding that ground nine—alleging the trial court failed to establish a fa
• Bluntson v. State
  98 So. 3d 626· Fla. 1st DCA· 2012-08-29 ·cited 2×
  Jonathan Bluntson appealed a trial court's partial denial of his post-conviction motion to withdraw his guilty plea under Florida Rule 3.850, claiming ineffective assistance of counsel rendered his plea involuntary. The appellate court affirmed, finding that any sentencing errors
• Ermino Escobedo-Muniz v. State
  74 So. 3d 546· Fla. 4th DCA· 2011-11-09 ·cited 2×
  Defendant Escobedo-Muniz appealed the denial of his motion to correct an allegedly illegal sentence under Florida Rule 3.800(a). The court affirmed the trial court's denial, finding that his sentences were not illegal because the 48-month prison sentence and 5-year probation were
• Hammond v. State
  62 So. 3d 1152· Fla. 2d DCA· 2011-06-01 ·cited 2×
  James Hammond appealed the summary denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising four ineffective assistance of counsel claims related to his guilty plea to attempted first-degree murder. The court affirmed the denial of tw
• Barron Thompson v. State
  60 So. 3d 563· Fla. 2d DCA· 2011-05-06 ·cited 2×
  Thompson appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The appellate court reversed, finding the motion was timely filed (relying on prison mailbox rule) and that Thompson's jail credit claims were not successive because t
• Cochran v. State
  46 So. 3d 1116· Fla. 2d DCA· 2010-10-29 ·cited 2×
  Gary Cochran challenged the summary denial of his Rule 3.850 motion alleging ineffective assistance of counsel. The court affirmed the denial of most claims but reversed and remanded one claim regarding counsel's failure to investigate mental retardation as a bar to execution, fi
• Bruce v. State
  38 So. 3d 869· Fla. 3d DCA· 2010-06-23 ·cited 2×
  Donald Wade Bruce appeals the denial of his motions to withdraw two nolo contendere pleas entered simultaneously on grand theft charges. The court reverses and remands, directing reconsideration under the procedure established in Sheppard v. State, which recognizes a limited exce
• Cole v. State
  35 So. 3d 173· Fla. 2d DCA· 2010-06-02 ·cited 2×
  Norman Cole appealed the denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel based on conflicts of interest, involuntary plea, and failure to file evidentiary motions. The appellate court reversed the summary denials of several gr
• Rybolt v. State
  25 So. 3d 682· Fla. 2d DCA· 2010-01-15 ·cited 2×
  Matthew Rybolt appealed the denial of his motion to withdraw a guilty plea to nineteen drug offenses and his motion to modify his sentence. The court affirmed the denial of the plea withdrawal but reversed the denial of the sentence modification motion because the trial court los
• Biggs v. State
  24 So. 3d 797· Fla. 2d DCA· 2010-01-06 ·cited 2×
  The court affirmed the conviction and sentence, finding no meritorious issues for appeal after a negotiated guilty plea.
• Elbert v. State
  20 So. 3d 961· Fla. 2d DCA· 2009-10-14 ·cited 2×
  The court affirmed the denial of a claim treated under rule 3.800(a) but reversed and remanded for an evidentiary hearing on claims treated under rule 3.850, which alleged an involuntary plea due to affirmative misadvice of counsel regarding gain time and prison credit.
• Jackson v. State
  985 So. 2d 679· Fla. 4th DCA· 2008-07-02 ·cited 2×
  Jackson appealed the summary denial of his postconviction motion challenging his 1993 guilty plea as involuntary, claiming his attorney misadvised him about gain-time forfeiture. The Fourth District affirmed the dismissal as untimely, rejecting Jackson's argument that discovery o
• Perrette v. State
  960 So. 2d 888· Fla. 4th DCA· 2007-07-18 ·cited 2×
  A defendant appealed his felony battery conviction following a guilty plea, but the appellate court found the appeal premature because the trial court had not yet ruled on the defendant's timely pro se motion to withdraw his plea based on allegedly deficient assistance of counsel
• Petruny v. State
  958 So. 2d 612· Fla. 4th DCA· 2007-06-27 ·cited 2×
  Petruny appeals the summary denial of his postconviction motion claiming his plea was involuntary due to trial counsel's failure to move to suppress statements obtained in violation of Miranda rights. The court reverses and remands on the Miranda claim while affirming the denial
• Thomas v. State
  935 So. 2d 91· Fla. 5th DCA· 2006-08-04 ·cited 2×
  Habeas corpus petition denied because petitioner's claims of involuntary plea and ineffective assistance of counsel must be raised through a Rule 3.850 motion, not habeas corpus, and the time limit for filing such motion has not yet expired.
• Colon v. State
  933 So. 2d 2· Fla. 2d DCA· 2006-04-19 ·cited 2×
  The court held that the post-conviction court erred in summarily denying claim nine without attaching record evidence refuting it.
• Babie v. State
  905 So. 2d 986· Fla. 3d DCA· 2005-06-29 ·cited 2×
  Florida appellate court affirmed denial of motion to correct illegal sentence, holding that claims of involuntary guilty plea and alleged double jeopardy from concurrent sentencing as both a firearm offender and habitual violent felony offender do not constitute illegal sentences
• Irique Joseph v. State
  904 So. 2d 577· Fla. 4th DCA· 2005-06-15 ·cited 2×·via Coerced Guilty Plea
  Joseph sought to withdraw his no-contest plea to second-degree murder, claiming inadequate plea colloquy. The Florida Fourth District Court of Appeal reversed the trial court's denial, holding that the court failed to conduct an adequate inquiry under Florida Rule of Criminal Pro
• Rosario v. State
  903 So. 2d 1015· Fla. 2d DCA· 2005-06-10 ·cited 2×
  The court held that the trial court erred in conclusively refuting the defendant's claim based on an inadequate plea colloquy, as the record attached did not refute the claim.
• Perez v. State
  934 So. 2d 495· Fla. 3d DCA· 2005-03-30 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court's warning about potential deportation consequences was sufficient to satisfy Florida Rule of Criminal Procedure 3.172(c)(8).
• Alcantara v. State
  888 So. 2d 758· Fla. 2d DCA· 2004-12-15 ·cited 2×
  Appellant's conviction for attempted second-degree murder was affirmed where letters to the trial court did not constitute a valid motion to withdraw plea and the motion to correct sentence failed to raise a sentencing issue.