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

• Lagarrian R. Donaldson v. State
  146 So. 3d 1221· Fla. 2d DCA· 2014-09-03
  Donaldson appeals a postconviction court's partial denial of his Rule 3.850 motion. The court granted relief on his claim that his fifteen-year sentence for first-degree burglary was illegal because he had successfully completed a youthful offender boot camp program, but denied h
• Cortez Smalls v. State
  144 So. 3d 656· Fla. 2d DCA· 2014-08-08
  Cortez Smalls was convicted of robbery, throwing a deadly missile, obstructing an officer, and failure to appear. The Florida appellate court reversed his convictions because the trial court improperly set aside his initial no contest pleas without legal cause and over his abando
• Lull v. State
  140 So. 3d 692· Fla. 1st DCA· 2014-06-11
• Vice v. State
  139 So. 3d 956· Fla. 2d DCA· 2014-06-06
  The court held that the postconviction court's order did not conclusively refute the defendant's claims of ineffective assistance of counsel regarding intoxication and failure to investigate, requiring further proceedings.
• Moseley v. State
  129 So. 3d 492· Fla. 2d DCA· 2014-01-08
  Corey Moseley appealed the summary denial of his Rule 3.850 motion for postconviction relief, which raised fourteen grounds. The court reversed and remanded on ground nine, concerning alleged affirmative misadvice by counsel regarding the consequences of a sexual predator designa
• White v. State
  135 So. 3d 344· Fla. 5th DCA· 2013-11-01
  The court held that the trial court erred in summarily denying the claim regarding jail credit, but correctly denied other claims.
• Thompson v. State
  124 So. 3d 244· Fla. 1st DCA· 2013-06-27
• Rodriguez v. State
  109 So. 3d 1189· Fla. 2d DCA· 2013-03-27
  Rodriguez challenged the summary denial of his Rule 3.850 motion to withdraw his no-contest plea to cocaine possession, arguing his trial counsel failed to advise him of the presumptively mandatory deportation consequences as required by Padilla v. Kentucky. The Florida Second Di
• Privette v. State
  108 So. 3d 1155· Fla. 5th DCA· 2013-03-15
  The court held that a guilty plea induced by counsel's misadvice regarding the potential sentence for a charge that could not have been sustained is involuntary.
• Abdool Rahim v. State
  103 So. 3d 895· Fla. 2d DCA· 2012-10-17
  A trial court's warning during a plea colloquy that a defendant could be deported does not cure prejudice from counsel's failure to advise on deportation consequences.
• Contreras-Garcia v. State
  95 So. 3d 993· Fla. 2d DCA· 2012-08-22
  The appellate court reversed the denial of a postconviction motion, finding that the defendant did not waive his right to raise claims regarding ineffective assistance of counsel and an involuntary plea. The court remanded the case for further proceedings to determine the merits
• Turner v. State
  85 So. 3d 1228· Fla. 4th DCA· 2012-05-02
• Soto v. State
  86 So. 3d 564· Fla. 2d DCA· 2012-04-20 ·via Coerced Guilty Plea
  Fernando Soto appeals a summary denial of his Rule 3.850 postconviction motion. The court affirms the denial of most claims but reverses and remands regarding his allegation that trial counsel coerced him to plead by threatening to withdraw, finding the transcript pages attached
• Heustis v. State
  82 So. 3d 183· Fla. 2d DCA· 2012-03-09
  The court held that a defendant's plea can be involuntary if based on counsel's misadvice regarding a collateral consequence, such as the loss of civil rights.
• Thaddeus Baxter v. State
  73 So. 3d 333· Fla. 5th DCA· 2011-10-28
  The court held that a motion for postconviction relief based on failure to advise of deportation consequences is subject to the same two-year time limit as other postconviction motions and that Padilla v. Kentucky does not apply retroactively.
• DeLUCCA v. State
  64 So. 3d 164· Fla. 4th DCA· 2011-06-22
  Joseph DeLucca appealed the trial court's denial of his Rule 3.850 postconviction motion seeking to withdraw his plea to child neglect and his admission to violating probation. The appellate court affirmed the denial because DeLucca's motion failed to clearly specify the grounds
• State v. Phillips
  62 So. 3d 1159· Fla. 4th DCA· 2011-06-01
  Florida appeals an order granting a defendant's motion to withdraw his guilty plea on the ground that he was not informed at the plea colloquy of the mandatory minimum sentence and ineligibility for gain time. The appellate court reverses, holding that because the defendant's att
• Creek v. State
  82 So. 3d 840· Fla. 4th DCA· 2011-04-06
  Court reversed probation violation sentence and remanded for evidentiary hearing because the plea colloquy failed to address defendant's mental capacity and medication use, leaving allegations of involuntary plea not conclusively refuted.
• State of Del. v. Schofield
  Del. Super. Ct.· 2011-03-14 ·via Voluntary And Intelligent Guilty Plea
  The court denied the defendant's motion to withdraw his guilty pleas. The defendant failed to demonstrate a "fair and just reason" for withdrawal, as his allegations of counsel's pressure and emotional coercion were unsubstantiated and contradicted by his own statements during tw
• Sylvette Barreto v. State
  50 So. 3d 738· Fla. 5th DCA· 2010-12-17
  Sylvette Barreto appeals her no contest pleas to sexual battery charges, claiming her plea was involuntary because she was under the influence of prescription medication at the time. The court affirms, finding the issue was not properly preserved and criticizing her counsel for f
• Dejesus v. State
  45 So. 3d 532· Fla. 4th DCA· 2010-10-06
• Tourrie Howard v. State
  41 So. 3d 1076· Fla. 4th DCA· 2010-08-11
  The court held that the defendant's claim that the circuit court failed to advise him of potential penalties under rule 3.172(c)(1) distinguishes this case from Gusow, warranting further review.
• Combs v. State
  39 So. 3d 548· Fla. 1st DCA· 2010-07-16 ·via Voluntary And Intelligent Guilty Plea
  Sherman Combs appealed the trial court's denial of his motion to withdraw a guilty plea made before sentencing. The appellate court affirmed the trial court's decision, finding that Combs failed to demonstrate the plea was involuntary and that the trial court did not abuse its di
• Arreskjold v. United States
  707 F. Supp. 2d 1332· S.D. Fla.· 2010-06-21 ·via Voluntary And Intelligent Guilty Plea
  The court held that a claim of ineffective assistance of counsel based on failure to anticipate a change in law is not constitutionally deficient performance, and prejudice is not shown when the subsequent legal change does not apply to the defendant's case. The court also held t
• Billens v. State
  36 So. 3d 798· Fla. 1st DCA· 2010-05-21
  The court reversed the summary denial of a Rule 3.850 motion because the record did not conclusively refute the defendant's claim that his plea was involuntary due to anti-psychotic medication, requiring the trial court to either attach relevant record portions or hold an evident
• Cantu v. State
  33 So. 3d 145· Fla. 2d DCA· 2010-05-07
  The court held that the postconviction court erred in finding a procedural bar on the appellant's claims, as the prior dismissal of a motion to withdraw plea was not a ruling on the merits.
• Gonzalez v. State
  29 So. 3d 435· Fla. 2d DCA· 2010-03-10
  Juan Gonzalez, a Mexican citizen, appealed the summary denial of his postconviction motion challenging guilty pleas to burglary and grand theft on the ground that the trial court failed to advise him of deportation consequences. The Florida Second District Court of Appeal reverse
• Clement A. McDOWELL v. State
  25 So. 3d 1257· Fla. 2d DCA· 2010-01-20
  The court held that the postconviction court erred by proceeding with an evidentiary hearing without permitting the defendant to be present to testify and assist in cross-examination.
• Greenberg v. State
  19 So. 3d 1184· Fla. 4th DCA· 2009-11-04
  The court held that the trial court erred by summarily denying a rule 3.850 motion without ordering a response, attaching records, or providing an explanation.
• Alfano v. State
  17 So. 3d 899· Fla. 2d DCA· 2009-09-18
  The court held that a claim of involuntary plea due to misadvice regarding probation length is cognizable but requires an allegation that the defendant would not have pleaded had they been correctly advised.
• Cliff Hanson v. State
  18 So. 3d 615· Fla. 1st DCA· 2009-06-03
  Cliff Hanson petitioned for a belated appeal of his judgment and sentence. The court affirmed the Special Master's recommendation to deny the petition, but clarified important appellate rights by holding that defendants have constitutional and procedural rights to appeal even aft
• Albertoine Nordelus v. State
  8 So. 3d 473· Fla. 4th DCA· 2009-04-22
  Appellant Nordelus appealed a trial court's summary denial of his postconviction motion challenging the voluntariness of his guilty plea to DUI manslaughter. The Florida Supreme Court's decision in Bolware v. State established that driver's license revocation is a collateral cons
• Smith v. State
  7 So. 3d 635· Fla. 4th DCA· 2009-04-15
• Gaedtke v. McNeil
  612 F. Supp. 2d 1209· M.D. Fla.· 2009-03-25 ·via Coerced Guilty Plea
  The court held that while petitioner's counsel's performance was deficient, it did not prejudice the outcome, thus denying habeas relief.
• Pierre v. State
  8 So. 3d 390· Fla. 5th DCA· 2009-03-06
  Florida appellate court reversed dismissal of post-conviction petition alleging involuntary plea due to lack of deportation warning, finding the petition adequately stated a claim for relief.
• Marshall v. State
  3 So. 3d 420· Fla. 4th DCA· 2009-02-18
  The court held that the trial court improperly summarily denied the defendant's motion for post-conviction relief without a state response or record attachments.
• Venta v. State
  Fla. 3d DCA· 2008-12-31
• Monroe v. State
  995 So. 2d 1180· Fla. 4th DCA· 2008-12-17
• White v. State
  995 So. 2d 1172· Fla. 4th DCA· 2008-12-10
  Michael White petitioned for a writ of habeas corpus seeking additional jail credit for time served, claiming he was entitled to immediate release. The Fourth District Court of Appeal affirmed that White validly waived additional jail credit in his negotiated plea agreement and d
• Lamkin v. State
  5 So. 3d 1· Fla. 2d DCA· 2008-10-22
  Kenneth Lamkin appealed the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed seven claims but reversed and remanded on claim 3, holding that the trial court abused its discretion by denying the facially insufficient cla
• Pierre v. State
  982 So. 2d 1232· Fla. 4th DCA· 2008-05-28
  Wilner Pierre appeals the trial court's summary denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the denial of claim three but reversed and remanded claims one and two for further proceedings.
• Baltodano v. State
  981 So. 2d 679· Fla. 2d DCA· 2008-05-23
  Edgar Baltodano appealed the denial of his Rule 3.850 postconviction motion challenging the voluntariness of his guilty plea. The court affirmed rejection of his deportation consequences claim but reversed and remanded regarding his ineffective assistance of counsel claim for fai
• Butler v. State
  982 So. 2d 20· Fla. 2d DCA· 2008-03-26
  Florida appellate court affirmed Butler's convictions for attempted murder and armed burglary following his no contest plea, rejecting his pro se claims of ineffective assistance of counsel and involuntary plea without prejudice to postconviction relief.
• Naji Haddad v. State
  979 So. 2d 1036· Fla. 1st DCA· 2008-03-18
  Appellant Haddad challenged the summary denial of his postconviction motion seeking to vacate a 1981 guilty plea for drug possession based on lack of awareness of deportation consequences. The court affirmed the summary denial, holding that appellant was not entitled to notice be
• Smith v. State
  969 So. 2d 1144· Fla. 5th DCA· 2007-11-16
  The failure to file a timely motion to withdraw a plea under Rule 3.170(l) does not preclude an involuntary plea claim from being raised in a Rule 3.850 motion.
• Reyna v. State
  969 So. 2d 1100· Fla. 5th DCA· 2007-11-02 ·via Coerced Guilty Plea
  The court held that a motion for post-conviction relief cannot be summarily denied without attaching relevant records, and an evidentiary hearing is required for claims of coerced plea absent such records.
• Prince v. State
  964 So. 2d 783· Fla. 4th DCA· 2007-09-12
  James Prince appeals a summary denial of his Rule 3.850 postconviction motion alleging his guilty plea was involuntary due to counsel's misrepresentation about his potential sentence. The court reverses the summary denial of his involuntariness claim and remands for an evidentiar
• Beasley v. State
  958 So. 2d 1086· Fla. 2d DCA· 2007-06-20
  Glenn Beasley appeals the denial of his postconviction motion claiming ineffective assistance of counsel based on alleged misadvice about his sentence and gain time forfeiture. The court affirmed most claims but reversed and remanded his involuntary plea claim regarding counsel's
• Gerrish v. State
  954 So. 2d 1276· Fla. 4th DCA· 2007-05-02 ·via Voluntary And Intelligent Guilty Plea
  The court affirmed the denial of a motion for post-conviction relief regarding misadvice on mandatory minimum sentences for trafficking and conspiracy, but reversed the summary denial of a claim concerning the stacking of mandatory minimums.
• Mosley v. State
  944 So. 2d 1152· Fla. 1st DCA· 2006-12-12
  The court reversed the trial court's summary denial of a 3.850 motion claim that trial counsel was deficient by misadvising the defendant about the maximum penalty, holding that such claims require an evidentiary hearing when not refuted by the plea colloquy record.