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

• Claridy v. State
  943 So. 2d 986· Fla. 1st DCA· 2006-12-08
  Kimberly Claridy appeals the summary denial of her Rule 3.850 motion for postconviction relief on six grounds. The appellate court affirms the trial court's denial on five grounds but reverses on Ground Six, which alleges her plea was involuntarily entered because it required her
• Knauff v. State
  941 So. 2d 1242· Fla. 5th DCA· 2006-11-17
  The court held that allegations of an involuntary plea coerced by counsel's threats are facially sufficient and require either record attachment or an evidentiary hearing.
• Defontes v. State
  939 So. 2d 1130· Fla. 4th DCA· 2006-10-04
  Steven Defontes appealed the summary denial of his motion for post-conviction relief challenging the voluntariness of his guilty pleas to robbery and violation of probation. Defontes claimed he was misinformed about the maximum sentences he faced and would not have pleaded guilty
• Hemmy v. State
  939 So. 2d 153· Fla. 2d DCA· 2006-09-27
  Paul Hemmy appeals the summary denial of his Rule 3.850 postconviction motion alleging seven claims for relief. The appellate court affirms the denial of six claims but reverses and remands on Hemmy's claim that his guilty plea was involuntary due to coercion by the trial judge,
• Carvalho v. State
  932 So. 2d 644· Fla. 4th DCA· 2006-07-12
  The court held that the defendant's post-conviction motion stated a legally sufficient claim for an involuntary plea.
• Johnson v. State
  933 So. 2d 1203· Fla. 5th DCA· 2006-06-30
  Terry Johnson appeals the summary denial of his Rule 3.850 post-conviction relief motion, claiming his trial counsel misadvised him about the consequences of his plea to DUI. The court reverses and remands, holding that affirmative misadvice regarding a material and immediate con
• Smith v. State
  929 So. 2d 1189· Fla. 4th DCA· 2006-06-07
  The court reversed in part and remanded a rule 3.850 motion where the trial court summarily denied the defendant's claim that his plea was involuntary due to an incorrectly prepared scoresheet that improperly included offenses for which he was sentenced as a habitual felony offen
• Gould v. State
  928 So. 2d 1251· Fla. 2d DCA· 2006-05-24
  Edward Gould appealed a postconviction relief order dismissing and denying portions of his Rule 3.850 motion. The court affirmed the dismissal and denial of most claims but reversed the partial denial of claim one regarding an allegedly involuntary plea based on scoresheet miscal
• Charles v. State
  920 So. 2d 740· Fla. 5th DCA· 2006-02-10
  The court held that the trial court erred in summarily denying the defendant's motion because the attached immigration documents sufficiently demonstrated he was threatened with deportation.
• Franklin v. State
  917 So. 2d 303· Fla. 3d DCA· 2005-12-21
  John Franklin appeals the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850(b)(3), which allows late filing when counsel neglects to timely file such a motion. The court affirmed the denial because Franklin had already filed a pro
• Smith v. State
  915 So. 2d 287· Fla. 4th DCA· 2005-12-07
  Florida appellate court reversed denial of Rule 3.850 relief where defendant's plea was involuntary due to affirmative misadvice by counsel, prosecutor, and judge regarding the effective date of a statute affecting prison time credit.
• Gonzalez v. State
  914 So. 2d 1040· Fla. 3d DCA· 2005-11-23
• Moore v. State
  909 So. 2d 605· Fla. 4th DCA· 2005-09-07
  The court held that the motion to withdraw plea was properly summarily denied because it was untimely and unverified, but without prejudice to refile under Rule 3.850.
• State v. David
  908 So. 2d 1188· Fla. 2d DCA· 2005-08-31
  The State appealed a trial court's grant of Emmanuel David's rule 3.850 motion vacating his guilty plea to grand theft charges. David, a foreign national, claimed the plea was involuntary because he was not advised of potential deportation consequences as required by rule 3.172(c
• Jamaal A. Hameen v. Sheriff John H. Rutherford
  909 So. 2d 407· Fla. 1st DCA· 2005-08-18
  Jamaal Harneen appeals the summary denial of his habeas corpus petition challenging his 2003 guilty plea and sentence. The court affirmed the denial because the petition was legally insufficient, but allowed Harneen to file a properly formatted motion for postconviction relief ch
• Andrade v. State
  905 So. 2d 942· Fla. 1st DCA· 2005-06-20
• Hayden Michael Bayer v. State
  902 So. 2d 353· Fla. 2d DCA· 2005-06-01
  Hayden Bayer appeals the trial court's denial of his motion to withdraw a guilty plea to attempted first-degree murder, arguing his plea was involuntary because he was taking antidepressant and antipsychotic medication that impaired his ability to understand the consequences of h
• Mosley v. State
  888 So. 2d 734· Fla. 1st DCA· 2004-12-10
  The court reversed in part and remanded a postconviction motion where the appellant raised a facially sufficient claim that his mental condition and psychotropic medications rendered his guilty plea involuntary, as the record did not conclusively refute this claim.
• Bettis v. State
  912 So. 2d 585· Fla. 2d DCA· 2004-12-03
  James Bettis appeals the trial court's denial of his motion to withdraw his no-contest plea, arguing the imposed sentence violated the plea agreement. The appellate court reversed and remanded for an evidentiary hearing, finding the record ambiguous as to whether Bettis understoo
• Thomas v. State
  888 So. 2d 146· Fla. 4th DCA· 2004-12-01
  The court held that the plea colloquy and forms did not conclusively refute the defendant's claims that his plea was involuntary due to counsel's misadvice regarding boot camp eligibility.
• Nichols v. State
  876 So. 2d 1279· Fla. 5th DCA· 2004-07-16
• Smith v. State
  876 So. 2d 714· Fla. 4th DCA· 2004-06-30
  The court held that a postconviction movant is entitled to relief if defense counsel misrepresented the sentence length, potentially rendering the plea involuntary.
• Foeley v. State
  869 So. 2d 26· Fla. 2d DCA· 2004-02-27
  Roger Foeley appealed the denial of his motion to vacate judgment and withdraw his plea, claiming his ingestion of prescription drug Pamelor rendered him unable to comprehend the plea's nature and consequences. The court affirmed denial of some claims but reversed and remanded re
• Montgomery v. State
  869 So. 2d 27· Fla. 2d DCA· 2004-02-27
  The court held that the defendant's claim of involuntary plea due to misadvice about youthful offender status is facially sufficient to warrant an evidentiary hearing.
• Caples v. State
  863 So. 2d 1261· Fla. 5th DCA· 2004-01-09
  Gary Caples appealed the trial court's denial of his motion to withdraw a guilty plea, arguing the plea was void due to a material mistake of law, was coerced, and was involuntary due to inadequate advisement about post-incarceration supervision. The appellate court affirmed the
• Bowling v. State
  863 So. 2d 383· Fla. 5th DCA· 2003-12-19
  Francis Bowling appeals the summary denial of his rule 3.850 postconviction relief motion, claiming the trial court improperly denied relief without attaching documents addressing his claim that boot camp eligibility was a condition of his plea agreement. The appellate court reve
• Green v. State
  860 So. 2d 1055· Fla. 5th DCA· 2003-12-05
  Carl Green appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion challenging his 1996 guilty plea conviction for armed burglary and related offenses. Green argues his plea was involuntary because he was not represented by counsel and was not advised of
• Liebman v. State
  853 So. 2d 514· Fla. 4th DCA· 2003-08-20
  Jack Liebman appealed the denial of his motion to withdraw no contest pleas entered in seven cases, arguing he was denied counsel and received ineffective assistance at the hearing where he withdrew his motion to withdraw the plea. The appellate court affirmed, holding that Liebm
• Franklyn Glinton v. State
  850 So. 2d 609· Fla. 2d DCA· 2003-07-18
• Goebel v. State
  848 So. 2d 479· Fla. 5th DCA· 2003-07-03
  Eric Goebel seeks a writ of habeas corpus challenging the effectiveness of his appellate counsel who failed to file an answer brief in an interlocutory appeal of a suppression order. The court holds that Goebel may be entitled to a belated appeal, but only after withdrawing his g
• Keller v. State
  846 So. 2d 631· Fla. 4th DCA· 2003-05-28
  Earl Keller appeals the summary denial of his postconviction relief motion, claiming his counsel was ineffective for failing to advise him that his convictions for carjacking and grand theft of the same vehicle violated double jeopardy. The court reverses the summary denial as to
• Delmar Hampton v. State
  838 So. 2d 1248· Fla. 2d DCA· 2003-03-12
  Delmar Hampton appeals the trial court's denial of his motion to withdraw a no contest plea, arguing he was denied his Sixth Amendment right to counsel during this critical stage of criminal proceedings. The court reversed, holding that an indigent defendant is entitled to court-
• Jonas Nivose v. State
  835 So. 2d 1248· Fla. 4th DCA· 2003-01-29
• Gonzalez v. State
  831 So. 2d 1290· Fla. 2d DCA· 2002-12-20
  Gonzalez appeals the denial of his motion for postconviction relief alleging ineffective assistance of counsel regarding promises made about jail time credit in connection with his plea agreement. The court reverses and remands for an evidentiary hearing to determine whether defe
• Gucciardo v. State
  842 So. 2d 849· Fla. 2d DCA· 2002-12-13
  The court held that the trial court failed to address portions of the appellant's claim regarding involuntary pleas and that scrivener's errors in the judgments should be corrected.
• Wilson v. State
  832 So. 2d 883· Fla. 1st DCA· 2002-12-12
  The court reversed and remanded a denial of a Rule 3.850 motion for ineffective assistance of counsel where the trial court failed to attach supporting documents or hold an evidentiary hearing on claims of counsel's failure to suppress an involuntary statement and inadequate inve
• Hernandez v. State
  828 So. 2d 1084· Fla. 2d DCA· 2002-10-25
  Hernandez challenged the trial court's denial of his Rule 3.850 motion alleging his pleas were involuntary due to lack of deportation advisement and counsel's misadvice about use as prior convictions. The court affirmed, holding that the deportation advisement rule was not retroa
• Winfrey v. State
  828 So. 2d 1041· Fla. 4th DCA· 2002-10-09 ·via Voluntary And Intelligent Guilty Plea
  Barbara Winfrey appeals the summary denial of her rule 3.850 motion for post-conviction relief challenging her DUI manslaughter plea and sentence. The Fourth District reverses and remands on the first and fourth grounds, which alleged her probation violation admission was involun
• Jones v. State
  826 So. 2d 1104· Fla. 2d DCA· 2002-10-04
  A defendant whose plea was based on unconstitutional guidelines may seek to withdraw it if the plea would not have been entered had the defendant known the correct scoresheet total.
• Ocroimi Monestime v. State
  825 So. 2d 515· Fla. 4th DCA· 2002-09-11
  Ocroimi Monestime appeals the summary denial of his rule 3.850 post-conviction relief motion, claiming his guilty plea was involuntary due to alleged misunderstanding about the sentence. The Fourth District Court of Appeal reverses and remands for an evidentiary hearing, finding
• Myers v. State
  823 So. 2d 315· Fla. 5th DCA· 2002-08-16
  The court held that the defendant's second motion for postconviction relief was successive and an abuse of procedure because the jail credit issue had already been litigated.
• Cruz v. State
  818 So. 2d 718· Fla. 5th DCA· 2002-06-21
• Cifuentes v. State
  816 So. 2d 804· Fla. 3d DCA· 2002-05-15
  Affirmative misadvice by counsel regarding potential sentence-enhancing consequences of a guilty plea does not render the plea involuntary.
• Itturaldes v. State
  816 So. 2d 696· Fla. 5th DCA· 2002-04-12 ·via Coerced Guilty Plea
  Juan Itturaldes appealed the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel, raising six claims across six different criminal cases. The appellate court affirmed the denial, finding all claims either meritless or procedurally barred.
• Thearon Sampson v. State
  814 So. 2d 1111· Fla. 2d DCA· 2002-04-03
  Appellate court reversed trial court's dismissal of postconviction relief motion on habitualization claim where defendant alleged involuntary plea due to lack of notice of consequences, holding that a claim filed in response to appellate mandate is not successive or time-barred.
• Albo v. State
  808 So. 2d 1275· Fla. 3d DCA· 2002-03-06
  The court affirmed the denial of postconviction relief, holding that there is no duty for the trial court or counsel to advise a defendant that a plea in a pending case may have sentence-enhancing consequences for future crimes.
• Will Jefferson v. State
  807 So. 2d 761· Fla. 2d DCA· 2002-02-15
  The court held that the trial court did not err in denying the motion to withdraw the nolo contendere plea because the record did not support the claim that the plea was involuntarily entered.
• Reistad v. State
  807 So. 2d 152· Fla. 4th DCA· 2002-02-06
  The court held that the trial court erred in denying relief without a hearing or record attachments for the claim regarding hydrocodone dosage, and that the claim regarding the involuntary plea should be considered.
• Vipul Reshamwala v. State
  805 So. 2d 89· Fla. 2d DCA· 2002-01-18
  The court held that the trial court erred in summarily denying the motion for postconviction relief because the record did not conclusively refute the claim that the plea was involuntary due to lack of advice regarding deportation consequences.
• State v. Berry
  818 So. 2d 537· Fla. 2d DCA· 2002-01-16 ·via Voluntary And Intelligent Guilty Plea
  A defendant is not entitled to resentencing under Heggs v. State if their sentence under the 1995 guidelines would not have been a departure sentence under the 1994 guidelines.