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

• Smith v. State
  826 So. 2d 322· Fla. 2d DCA· 2002-01-11
  The court held that a defendant's allegation of affirmative misadvice from counsel regarding sentencing, which induced an involuntary plea, is facially sufficient for postconviction relief.
• Stelmaszek v. State
  802 So. 2d 475· Fla. 2d DCA· 2001-12-21 ·via Coerced Guilty Plea
  The court held that the trial court's attachments did not conclusively refute the defendant's claim that he was coerced into a guilty plea by the denial of his right to call witnesses.
• Carroll v. State
  801 So. 2d 144· Fla. 2d DCA· 2001-11-21
  The court held that a petition for writ of error coram nobis was properly denied because the alleged deficiencies were known or should have been known at the time the pleas were entered.
• Askew v. State
  800 So. 2d 664· Fla. 2d DCA· 2001-11-07
  The court affirmed the trial court's denial of Askew's Rule 3.850 motion to withdraw his guilty plea, finding his claims either conclusory and facially insufficient or lacking due diligence.
• Morgan v. State
  799 So. 2d 311· Fla. 2d DCA· 2001-10-05
  The court held that a defendant's claim of unawareness of the intent element of a crime is a facially sufficient attack on the voluntariness of a plea, requiring an evidentiary hearing if not conclusively refuted by the record.
• Scharf v. State
  799 So. 2d 1075· Fla. 2d DCA· 2001-09-21
  Scharf challenges the trial court's summary denial of his Rule 3.850 motion to withdraw his guilty pleas, arguing he was misadvised about the maximum sentences he faced on four counts. The court reverses and remands, finding Scharf presented a facially sufficient claim that his p
• Phillips v. State
  795 So. 2d 1084· Fla. 2d DCA· 2001-09-21
  Greg Phillips appeals the denial of his motion to withdraw his no-contest plea, arguing his plea was involuntary because he misunderstood whether his negotiated 88.5-month sentence corresponded to the bottom of the sentencing guidelines. The court reversed, finding the trial cour
• Pilgrom v. State
  796 So. 2d 617· Fla. 2d DCA· 2001-09-21
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief based on an involuntary plea due to a misunderstanding of sentencing guidelines.
• Phillips v. State
  795 So. 2d 1033· Fla. 2d DCA· 2001-09-07
  The court held that claims regarding habitualization notice and Interstate Agreement on Detainers are facially sufficient and require further review, while the claim about a counteroffer is insufficient.
• Gorowny Olden v. State
  789 So. 2d 1233· Fla. 4th DCA· 2001-07-25
  The court held that the trial court erred in summarily denying the appellant's motion for postconviction relief regarding the voluntariness of his guilty plea and ineffective assistance of counsel.
• Rowland v. State
  789 So. 2d 1070· Fla. 2d DCA· 2001-06-15
  Marvin Rowland appeals the trial court's summary denial of his 3.850 motion for postconviction relief, claiming he was promised to serve his ten-year state sentences concurrently with his federal sentence in federal custody. The court reverses and remands because Rowland raised a
• Damita Strawder v. State
  786 So. 2d 1259· Fla. 2d DCA· 2001-06-15 ·via Voluntary And Intelligent Guilty Plea
• Ahmad Dunbar v. State
  787 So. 2d 240· Fla. 2d DCA· 2001-05-23
  The court held that a defendant seeking resentencing under Heggs must show that the sentence was a departure under the 1994 guidelines, and if seeking to withdraw a plea, must state the plea would not have been entered had the defendant known the sentence was not at the bottom of
• Cadeau Leblanc v. State
  784 So. 2d 552· Fla. 4th DCA· 2001-05-09
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• McNEAL v. State
  784 So. 2d 490· Fla. 1st DCA· 2001-03-14
  The court affirmed the denial of postconviction relief on most grounds but reversed and remanded the involuntary plea claim, holding that the plea was potentially involuntary because it was entered based on a mistaken understanding that habitual felony offender sanctions would ap
• Walker v. State
  789 So. 2d 364· Fla. 2d DCA· 2001-03-02
  Otis Walker appeals the summary denial of his Rule 3.850 motion for postconviction relief, challenging the voluntariness of his 1995 no-contest plea on grounds of mental incompetence. The appellate court reverses the summary denial as to the incompetence claim, finding it faciall
• Hyslop v. State
  794 So. 2d 613· Fla. 2d DCA· 2001-02-16
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief because the record did not conclusively refute his claim that his plea was involuntary due to counsel's promise regarding sentencing.
• York v. State
  788 So. 2d 296· Fla. 2d DCA· 2001-02-09 ·via Voluntary And Intelligent Guilty Plea
  The court held that a downward departure sentence falling within the 1994 guidelines does not constitute an illegal sentence under Heggs v. State, even if the 1995 guidelines would have resulted in a different range.
• Milceades Santana v. State
  774 So. 2d 816· Fla. 3d DCA· 2000-12-27
  Milceades Santana entered a guilty plea based on the understanding that he would be deported to the Dominican Republic upon an Immigration and Naturalization Service deportation order, but the Department of Corrections declined to follow the deportation order. The court reversed
• Hough v. State
  773 So. 2d 90· Fla. 5th DCA· 2000-10-20
  Kelly Eugene Hough appealed the trial court's summary denial of his post-judgment Rule 3.850 motion raising claims of involuntary plea, ineffective assistance of counsel on appeal, and newly discovered evidence. The court affirmed the denial, finding all claims time-barred and ca
• Espinosa v. State
  759 So. 2d 721· Fla. 2d DCA· 2000-05-03
  Miguel Espinosa appeals the summary denial of his 3.850 motion for postconviction relief alleging ineffective assistance of trial counsel. The appellate court reverses, finding two of Espinosa's ineffective assistance claims are facially sufficient and remanding for an evidentiar
• Nelson v. State
  756 So. 2d 1071· Fla. 1st DCA· 2000-04-17
  The court held that a claim alleging an involuntary plea due to medication requires an evidentiary hearing if the record does not conclusively refute the allegation.
• Melton v. State
  754 So. 2d 87· Fla. 1st DCA· 2000-03-09
  The court held that the defendant's allegations of threats by the trial court regarding a harsher sentence if she proceeded to trial raised factual issues not conclusively rebutted by the record, requiring an evidentiary hearing.
• Ruffins v. State
  745 So. 2d 1118· Fla. 5th DCA· 1999-12-10
  A defendant is entitled to a hearing on a motion to withdraw a plea if the record does not refute claims of counsel's misadvice or being under the influence of medication when deciding to uphold the plea.
• Hastings v. State
  742 So. 2d 514· Fla. 1st DCA· 1999-10-15
• Spacco v. State
  739 So. 2d 1269· Fla. 5th DCA· 1999-08-27
  James Spacco appeals the summary denial of his Rule 3.850 motion claiming his guilty plea was involuntary because he was sentenced to a split sentence (incarceration plus probation) rather than incarceration alone as he believed he had agreed to. The court reverses and remands fo
• Causley Coutain v. State
  739 So. 2d 1202· Fla. 4th DCA· 1999-08-04
  The Fourth District affirmed the denial of postconviction relief under Rule 3.850, holding that claims previously rejected on direct appeal cannot be relitigated in postconviction proceedings, and that the remaining claims lacked legal merit.
• Gann v. State
  738 So. 2d 999· Fla. 1st DCA· 1999-07-22
  Court reversed summary denial of ineffective assistance of counsel claim based on attorney's alleged misrepresentation about sentencing, finding the claim facially sufficient and requiring evidentiary hearing or record attachment.
• Davis v. State
  733 So. 2d 609· Fla. 3d DCA· 1999-07-07
• Williams v. State
  733 So. 2d 1085· Fla. 1st DCA· 1999-05-10
  David Ray Williams appealed denials of two postconviction relief motions challenging the legality of his sentences. The court reversed the summary denial of his Rule 3.800(a) motion alleging illegal sentences exceeding statutory maximums for third-degree felonies, but affirmed th
• Edenfield v. State
  725 So. 2d 1206· Fla. 2d DCA· 1999-01-13
  The court held that a claim of an involuntary plea due to inaccurate sentencing advice is not a sentencing issue and should be reviewed on its merits, not denied as a second appeal.
• Fritschle v. Singletary
  722 So. 2d 261· Fla. 1st DCA· 1998-12-17
• Era Gregersen v. State
  714 So. 2d 1195· Fla. 4th DCA· 1998-08-05
  Era Gregersen, a German permanent resident alien, pleaded guilty to grand theft and worthless checks in 1986 and sought coram nobis relief in 1996 arguing she was not informed of deportation consequences. The court affirmed the denial of relief based on the doctrine of laches, ho
• Lindo v. State
  712 So. 2d 842· Fla. 4th DCA· 1998-07-15
  A trial judge's warning that a guilty plea 'may affect' immigration status and that deportation is decided by the Department of Immigration satisfies the rule requiring instruction on immigration consequences.
• Medina v. State
  711 So. 2d 256· Fla. 3d DCA· 1998-06-03
  Vincent Medina, a resident alien, appealed the denial of his petition for writ of error coram nobis seeking to invalidate his 1987 guilty plea to fraud, primarily on grounds that he was not advised of possible deportation consequences. The Florida appellate court affirmed the den
• Beagle v. State
  710 So. 2d 724· Fla. 2d DCA· 1998-05-13
  Russell Beagle appeals the summary denial of his post-conviction relief motion, claiming his guilty plea was involuntary due to his attorney's misrepresentation about the amount of time he would serve on his sentences. The court reverses in part, holding that a defendant's genera
• Kincaid v. State
  704 So. 2d 223· Fla. 4th DCA· 1998-01-21
• Scott v. State
  702 So. 2d 309· Fla. 5th DCA· 1997-12-19
• State v. Vinston Larrimore
  701 So. 2d 585· Fla. 2d DCA· 1997-10-15
  The State appeals a trial court order granting postconviction relief and allowing withdrawal of a guilty plea, claiming the defendant waived the issue by raising it without demonstrating prejudice in prior proceedings. The appellate court reverses, holding that the defendant cann
• McCOWAN v. State
  697 So. 2d 580· Fla. 1st DCA· 1997-08-05
  Tony McCowan appeals the trial court's summary denial of his Rule 3.850 motion for postconviction relief, claiming his guilty plea to escape was involuntary because counsel misled him about whether accrued gain time would be applied to his escape sentence. The court reverses, fin
• Barletta v. State
  696 So. 2d 1330· Fla. 4th DCA· 1997-07-23
  The court affirmed the conviction for strong armed robbery and dismissed appeals concerning an involuntary plea and the factual basis for another plea, remanding for further proceedings in the trial court.
• Cornell Brim v. State
  696 So. 2d 1320· Fla. 1st DCA· 1997-07-22
  The court held that a defendant's claim of an involuntary plea due to erroneous sentencing advice from counsel is facially sufficient and warrants an evidentiary hearing.
• Jerrell v. State
  696 So. 2d 514· Fla. 1st DCA· 1997-07-07
• Goodale v. State
  692 So. 2d 289· Fla. 1st DCA· 1997-04-28
  The court reversed the summary denial of post-conviction relief on the claim that the defendant's plea was involuntarily induced by counsel's promise of a reduced sentence in a treatment facility, finding that the record did not conclusively refute the claim under State v. Leroux
• Drymon v. State
  692 So. 2d 972· Fla. 2d DCA· 1997-04-25
  Martin Drymon appealed the denial of his motion to withdraw his plea to sexual battery, claiming his plea was involuntary because trial counsel erroneously advised him that he qualified for habitual offender sentencing. The court reversed and remanded on the habitual offender cla
• Gessner v. State
  691 So. 2d 48· Fla. 1st DCA· 1997-04-09
  The court held that the trial court must either attach record evidence conclusively refuting the defendant's claims or hold an evidentiary hearing.
• Beier v. State
  684 So. 2d 306· Fla. 2d DCA· 1996-12-13
• Hudson v. State
  680 So. 2d 604· Fla. 1st DCA· 1996-09-30 ·via Coerced Guilty Plea
  John Randall Hudson appealed the denial of his Rule 3.850 post-conviction relief motion, challenging his guilty plea to second-degree murder. The court affirmed the denial of most grounds but reversed on the claim that defense counsel coerced him into a plea lacking a factual bas
• Davidson v. State
  677 So. 2d 412· Fla. 5th DCA· 1996-08-02 ·via Voluntary And Intelligent Guilty Plea
  The court affirmed Davidson's judgment and sentence but struck the public defender's fee because the trial court failed to advise her of her right to challenge the amount under Florida Rule of Criminal Procedure 3.720(d)(1), and rejected her unsworn claim that her plea was involu
• Robinson v. State
  685 So. 2d 1352· Fla. 2d DCA· 1996-06-26
  Robinson appealed the trial court's partial denial of his Rule 3.850 postconviction motion, challenging his conviction on drug charges. The court reversed in part, finding that Robinson's sentencing proceeded without counsel or a valid waiver of counsel, entitling him to a new se