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

• Rayon Payne v. State
  890 So. 2d 284· Fla. 5th DCA· 2004-11-19 ·cited 2×
  Rayon Payne appeals the summary denial of a Rule 3.850 post-conviction motion asserting his plea was involuntary because he was not informed of deportation consequences. The court reverses and remands for an evidentiary hearing, finding the motion facially sufficient under the th
• Deshone Stacy v. State
  885 So. 2d 474· Fla. 4th DCA· 2004-10-27 ·cited 2×
  Stacy appealed the summary denial of his motion for postconviction relief based on claims of involuntary plea and ineffective assistance of counsel. The court reversed and remanded because the trial court's use of an outdated plea form containing ambiguous sentencing information
• State v. Pawle
  884 So. 2d 1137· Fla. 2d DCA· 2004-10-22 ·cited 2×
  The State appeals a postconviction court's decision granting Anthony Pawle relief from his guilty plea based on ineffective assistance of counsel regarding credit for time served. The court reverses because the postconviction court's order lacks evidentiary support, but remands f
• Sehnal v. State
  884 So. 2d 478· Fla. 4th DCA· 2004-10-06 ·cited 2×
  The appellate court held that the defendant's motion to vacate her plea was untimely because it was filed more than two years after she gained or should have gained knowledge of the change in law that rendered her plea involuntary.
• Leonard v. State
  884 So. 2d 988· Fla. 4th DCA· 2004-09-29 ·cited 2×
  Bradley Leonard appeals the summary denial of his rule 3.850 postconviction motion challenging his 2000 plea to violation of probation. The Fourth District Court of Appeal affirmed the denial of his first two grounds but reversed and remanded his third and fourth grounds, which a
• Moore v. State
  879 So. 2d 62· Fla. 4th DCA· 2004-07-28 ·cited 2×
  Paul Moore appealed the summary denial of his Rule 3.850 post-conviction motion challenging the voluntariness of his no-contest plea to burglary of a dwelling. The court affirmed the denial but allowed Moore to refile with more specific factual allegations within sixty days.
• Hawley v. State
  877 So. 2d 865· Fla. 1st DCA· 2004-07-14 ·cited 2×
  The court held that the appellant failed to show prejudice from his trial counsel's misadvice regarding the preservation of speedy-trial issues for appeal.
• Poisal v. State
  876 So. 2d 1262· Fla. 4th DCA· 2004-07-07 ·cited 2×
  The court held that a motion for post-conviction relief alleging involuntary plea due to attorney misadvice is legally deficient without an allegation that the defendant would not have entered the plea had they received correct advice.
• Chipman v. State
  875 So. 2d 827· Fla. 2d DCA· 2004-07-02 ·cited 2×
  Brian Michael Chipman challenged a trial court's summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising claims of double jeopardy, lack of jurisdiction, and ineffective assistance of counsel. The appellate court affirmed the den
• Ganey v. State
  873 So. 2d 445· Fla. 2d DCA· 2004-04-30 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Joseph Ganey appeals the denial of his motion for postconviction relief, arguing his no contest plea was not knowingly and voluntarily entered because he relied on incorrect sentencing guidelines information. The court agrees and reverses, holding that a defendant who enters a pl
• Rayon Payne v. State
  869 So. 2d 633· Fla. 5th DCA· 2004-03-26 ·cited 2×
  Rayon Payne appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief, challenging his no-contest plea to possession of stolen credit cards and scheme to defraud on grounds that he was not advised of deportation consequences. The court a
• Geiger v. State
  861 So. 2d 93· Fla. 1st DCA· 2003-12-09 ·cited 2×
• Gould v. State
  826 So. 2d 1101· Fla. 5th DCA· 2002-10-04 ·cited 2×
• Swatman v. State
  814 So. 2d 1109· Fla. 2d DCA· 2002-04-03 ·cited 2×
  Dale Swatman appealed the trial court's summary denial of his Rule 3.850 motion challenging his guilty pleas on grounds that he did not understand the nature of the pleas due to psychotropic medication use. The appellate court affirmed but without prejudice, allowing Swatman to r
• Jolly v. State
  805 So. 2d 969· Fla. 2d DCA· 2001-11-21 ·cited 2×
  The court held that a defendant's plea may be involuntary if based on sentencing guidelines later found unconstitutional.
• Yurchis v. State
  799 So. 2d 1096· Fla. 2d DCA· 2001-10-31 ·cited 2×
  Yurchis appealed the denial of his postconviction relief motion challenging his guilty plea and sentencing. The court affirmed two grounds without comment but reversed the denial of two other grounds regarding involuntary plea based on incorrect sentencing guidelines and improper
• Thiel v. State
  793 So. 2d 115· Fla. 2d DCA· 2001-08-17 ·cited 2×·via Voluntary And Intelligent Guilty Plea
• Herman v. State
  795 So. 2d 1000· Fla. 2d DCA· 2001-08-10 ·cited 2×
  The court held that the defendant's motion for postconviction relief was facially insufficient because it failed to allege key facts regarding his knowledge of the scoresheet error and the timeliness of his claim.
• Seraphin v. State
  785 So. 2d 608· Fla. 4th DCA· 2001-04-25 ·cited 2×
  Peter Seraphin appeals the dismissal of his Rule 3.850 postconviction relief motion challenging his plea to robbery with a deadly weapon. The trial court dismissed the motion as moot after Seraphin was deported, but the appellate court reversed, holding that deportation does not
• Futch v. State
  781 So. 2d 462· Fla. 2d DCA· 2001-03-07 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A defendant who entered a negotiated plea under the unconstitutional 1995 guidelines, but whose sentence was not a departure under the 1994 guidelines, may file a motion challenging the voluntary nature of his plea.
• Moises Velez v. State
  778 So. 2d 480· Fla. 4th DCA· 2001-02-21 ·cited 2×
  Court reversed summary denial of post-conviction relief motion where defendant entered consolidated plea agreement across multiple cases, holding that rule 3.987(4)'s exception for consolidated cases applies.
• Thomas v. State
  745 So. 2d 468· Fla. 4th DCA· 1999-11-17 ·cited 2×
  A defendant's acceptance and violation of probation does not preclude them from seeking postconviction relief from their conviction based on an involuntary plea.
• Luma v. State
  736 So. 2d 1280· Fla. 4th DCA· 1999-07-21 ·cited 2×
  The court held that the record did not conclusively refute the defendant's claim that his plea was involuntary due to his attorney's advice.
• Chestley Higgins v. State
  737 So. 2d 559· Fla. 4th DCA· 1999-05-19 ·cited 2×
  The court affirmed the conviction and sentence, holding that it lacked jurisdiction to consider the defendant's claims regarding counsel and sentencing errors because they were not properly preserved or did not fall within the permitted grounds for appeal after a guilty plea.
• Romero v. State
  729 So. 2d 502· Fla. 1st DCA· 1999-03-30 ·cited 2×
  The court held that the record did not conclusively refute the defendant's allegation that his plea was involuntary due to affirmative misadvice from his counsel regarding the actual time he would serve.
• Javon Osle Yates v. State
  720 So. 2d 285· Fla. 2d DCA· 1998-10-28 ·cited 2×
• Boyne v. State
  728 So. 2d 246· Fla. 5th DCA· 1998-10-16 ·cited 2×
• Eusse v. State
  717 So. 2d 1049· Fla. 3d DCA· 1998-07-22 ·cited 2×
  Gustavo Eusse, a Colombian citizen, sought to vacate his 1993 guilty plea to cocaine trafficking charges on the ground that the trial court failed to inform him of deportation consequences as required by Florida law. The court affirmed the denial of his writ of error coram nobis
• Wright v. State
  711 So. 2d 121· Fla. 4th DCA· 1998-04-29 ·cited 2×
  The court held that a defendant is entitled to withdraw their plea if the conditions of the plea agreement cannot be honored, and that the defendant may be entitled to jail credit for time spent in federal custody.
• Long v. State
  701 So. 2d 409· Fla. 1st DCA· 1997-11-10 ·cited 2×
  The court held that the trial court erred again by denying postconviction relief without attaching portions of the record that conclusively establish the appellant is entitled to no relief.
• Alphonso Swain v. State
  699 So. 2d 318· Fla. 1st DCA· 1997-09-18 ·cited 2×
  The court held that the defendant's claim of an involuntary plea due to misinformation about the maximum penalty requires further review.
• Orcalino A. Eneias v. State
  696 So. 2d 1365· Fla. 5th DCA· 1997-07-25 ·cited 2×
• Austin v. State
  696 So. 2d 1196· Fla. 2d DCA· 1997-05-21 ·cited 2×
  An Anders appeal challenging a guilty plea to grand theft is dismissed because the appellant failed to reserve his right to appeal when entering the plea, precluding direct appellate review under Florida law.
• Howard v. State
  688 So. 2d 992· Fla. 1st DCA· 1997-02-28 ·cited 2×
• Brown v. State
  695 So. 2d 736· Fla. 1st DCA· 1996-09-11 ·cited 2×
  Shawn Brown appealed his sentence of 22 months probation with a condition to serve that time in county jail for sale of cocaine, claiming he should receive gain time credits equivalent to those given state prison inmates. The court affirmed, holding that Brown's challenges were p
• Suarez v. State
  677 So. 2d 1316· Fla. 3d DCA· 1996-07-31 ·cited 2×
  Defendant's belated appeal of the trial court's denial of his Rule 3.850 post-conviction motion was treated as a habeas petition, but the court affirmed the denial of relief for claims of involuntary plea and ineffective assistance of counsel.
• Brown v. State
  672 So. 2d 661· Fla. 1st DCA· 1996-05-02 ·cited 2×
  The court reversed in part and remanded a trial court's denial of post-conviction relief where the record did not conclusively establish that appellant was not entitled to relief on his claim that trial counsel was ineffective for failing to inform the court of his mental illness
• Otto Jones, III v. State
  671 So. 2d 225· Fla. 1st DCA· 1996-04-08 ·cited 2×
  Otto Jones appeals the trial court's summary denial of his Rule 3.850 motion for relief from conviction, claiming he entered an involuntary guilty plea based on his attorney's misrepresentation that he would serve only two years of a ten-year sentence. The court affirms most issu
• Hills v. State
  671 So. 2d 223· Fla. 1st DCA· 1996-04-08 ·cited 2×
• Prince Turner v. State
  670 So. 2d 1031· Fla. 2d DCA· 1996-03-01 ·cited 2×
  Prince Turner challenges the trial court's denial of his motion seeking to preserve gain time credits under a plea agreement when a violation of community control resulted in a new prison sentence. The court reversed in part because the trial court failed to address Turner's clai
• Johnson v. State
  666 So. 2d 983· Fla. 2d DCA· 1996-01-17 ·cited 2×·via Coerced Guilty Plea
  Patrick Johnson appeals the denial of his Rule 3.850 motion for postconviction relief claiming ineffective assistance of counsel. The court affirmed the trial court's denial on three grounds but reversed and remanded on Johnson's claim that counsel coerced his guilty pleas by mis
• Holt v. State
  653 So. 2d 1120· Fla. 2d DCA· 1995-04-21 ·cited 2×
  Benjamin Holt appeals the summary denial of his motion for postconviction relief, claiming his plea was involuntary because his trial counsel misinformed him about the maximum sentences he faced. The trial court failed to adequately address Holt's arguments, and the appellate cou
• Matthews v. State
  614 So. 2d 25· Fla. 1st DCA· 1993-02-18 ·cited 2×·via Coerced Guilty Plea
  The appellate court affirmed the denial of postconviction relief because the motion was deficient for failing to allege the defendant would not have pleaded guilty if given correct information.
• Cates v. Superintendent, Ind. Youth Ctr.
  981 F.2d 949· 7th Cir.· 1992-12-11 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Joint representation of co-defendants does not violate the Sixth Amendment right to effective assistance of counsel unless the defendant demonstrates an actual conflict of interest that adversely affected counsel's performance. A voluntary and intelligent guilty plea waives prior
• DAY v. State
  604 So. 2d 27· Fla. 5th DCA· 1992-08-21 ·cited 2×
  Charles Edward Day appeals the summary denial of his post-conviction relief motion, arguing his habitual offender sentences were illegal or imposed based on an involuntary plea because the state failed to provide written notice of its intent to seek enhanced sentences in two of t
• Heiser v. Ryan
  951 F.2d 559· 3d Cir.· 1991-12-13 ·cited 2×·via Coerced Guilty Plea
  The court held that a defendant is entitled to an evidentiary hearing on his habeas petition alleging his guilty plea was involuntary due to counsel's threat to withdraw, and that extreme delays in state court adjudication may violate due process.
• Brown v. State
  588 So. 2d 658· Fla. 2d DCA· 1991-11-06 ·cited 2×
  Frank Brown appealed the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel and an involuntary guilty plea based on counsel's alleged misrepresentation that sentencing would not exceed seven years. The appellate court fou
• Riggins v. Norris W. McMACKIN
  935 F.2d 790· 6th Cir.· 1991-06-10 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that a federal court must remand for an evidentiary hearing to determine if a state prisoner was aware of the maximum possible sentence when entering a guilty plea, even if the state court found substantial compliance with its rules.
• Simpson v. Camper
  927 F.2d 392· 8th Cir.· 1991-03-04 ·cited 2×
  The court held that the appeal would be held in abeyance pending a determination by the Missouri Court of Appeals on whether a state remedy is available to the petitioner.
• Carroll v. State
  575 So. 2d 286· Fla. 3d DCA· 1991-02-26 ·cited 2×
  The court held that a trial court must attach relevant record documentation when denying a facially sufficient motion for post conviction relief without a hearing.