Voluntariness Of Guilty Plea

2,072 Florida cases classified under this topic, plus 1,103 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Woodall v. State
  39 So. 3d 419· Fla. 5th DCA· 2010-06-25 ·cited 6×·via Involuntary Plea
  Defense counsel's failure to advise a defendant of the favorable legal ramifications of witnesses' testimony—specifically, that prior inconsistent statements are admissible only for impeachment and cannot constitute substantive evidence of the charged offense—renders a guilty ple
• Tatum v. State
  27 So. 3d 700· Fla. 3d DCA· 2010-01-20 ·cited 6×·via Involuntary Plea
  Lorenzo Tatum appeals the denial of a collateral attack on his 1993 sentence of 40 years imprisonment. The Florida District Court of Appeal affirms, holding that Tatum's sentencing claims have either been previously adjudicated and are barred by the law of the case doctrine and c
• Applegate v. State
  23 So. 3d 211· Fla. 2d DCA· 2009-12-02 ·cited 6×·via Involuntary Plea
  Kevin Jon Applegate appealed the summary denial of his motions to withdraw his guilty plea, filed twelve days after sentencing. The trial court erroneously treated the motions as postconviction claims under Rule 3.850 and failed to appoint conflict-free counsel, requiring reversa
• Beals v. State
  14 So. 3d 286· Fla. 4th DCA· 2009-08-05 ·cited 6×·via Involuntary Plea
  The court affirmed the denial of one ground of post-conviction relief as successive and without merit, but reversed the denial of other grounds, finding that the imposition of drug offender probation for carrying a concealed weapon was an illegal sentence cognizable under rule 3.
• Ridel v. State
  990 So. 2d 581· Fla. 3d DCA· 2008-08-06 ·cited 6×
  Emmanuel Ridel appealed the denial of his post-conviction motion to withdraw his guilty plea, claiming his counsel was ineffective for failing to investigate 27 of 30 charges against him. The court affirmed the denial, finding counsel's decision to focus investigation on the thre
• Rodriques v. State
  980 So. 2d 1203· Fla. 4th DCA· 2008-04-30 ·cited 6×·via Involuntary Plea
  The court affirmed the summary denial of appellant's motion to vacate her guilty plea for lack of immigration warning, but without prejudice, because the motion failed to meet the specific pleading requirements of State v. Green despite potentially meritorious underlying claims.
• Ceasar Douglas v. State
  977 So. 2d 776· Fla. 2d DCA· 2008-03-28 ·cited 6×·via Involuntary Plea
  Ceasar Douglas appealed the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel regarding his guilty plea to sexual battery. The court reversed and remanded because while the motion may have been timely under the newly discovered evid
• State v. Naji Kamel Haddad
  950 So. 2d 434· Fla. 1st DCA· 2007-01-30 ·cited 6×·via Involuntary Plea
  The State appeals a trial court's order vacating Haddad's 1981 drug plea and allowing withdrawal based on lack of knowledge of deportation consequences. The appellate court reverses, holding that the trial court improperly applied a 1989 rule retroactively, but certifies a questi
• Molina v. State
  942 So. 2d 1036· Fla. 2d DCA· 2006-12-08 ·cited 6×
  Molina appeals the denial of his motion to withdraw his guilty plea to cocaine trafficking charges, claiming he did not understand the terms of his substantial assistance agreement with law enforcement. The appellate court reversed and remanded for an evidentiary hearing, finding
• Quintana v. State
  917 So. 2d 991· Fla. 3d DCA· 2005-12-28 ·cited 6×·via Knowing And Voluntary Plea
  Sergio Luis Quintana appeals the denial of his motion to withdraw a guilty plea, arguing the plea was not knowingly and voluntarily entered because he was misinformed that the fifteen-year minimum mandatory sentence for firearm possession could be waived. The court reverses and r
• Miller v. State
  905 So. 2d 981· Fla. 3d DCA· 2005-06-29 ·cited 6×·via Involuntary Plea
  Miller appeals the denial of his Rule 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to his trial counsel's affirmative misadvice about his potential sentence exposure on remand. The court reverses and remands for an evidentiary hearing becau
• Terence A. Frazier v. State
  898 So. 2d 1183· Fla. 3d DCA· 2005-04-06 ·cited 6×·via Involuntary Plea
• Barrs v. State
  883 So. 2d 846· Fla. 1st DCA· 2004-08-19 ·cited 6×·via Involuntary Plea
  Florida appellate court affirmed summary denial of Rule 3.850 motion, holding that defendant's ineffective assistance and involuntary plea claims failed because habitual offender status did not affect his actual eligibility for early release programs under post-1994 law.
• Szeremi v. State
  862 So. 2d 935· Fla. 2d DCA· 2004-01-14 ·cited 6×·via Involuntary Plea
  A defendant's claim that their plea was involuntary due to mental condition at the time of the plea warrants a hearing if the record does not conclusively refute the allegations.
• Rogers v. State
  864 So. 2d 521· Fla. 5th DCA· 2004-01-09 ·cited 6×·via Involuntary Plea
  The court held that a defendant's post-conviction motion alleging an involuntary plea due to undisclosed gain time forfeiture is not barred by the thirty-day limitation period for withdrawing a plea.
• Japheth Samuel Peters v. State
  861 So. 2d 1236· Fla. 2d DCA· 2003-12-12 ·cited 6×·via Involuntary Plea
  Peters appealed a summary denial of his Rule 3.850 motion for postconviction relief challenging his plea to attempted capital sexual battery. The court reversed, finding Peters presented a facially sufficient claim that his plea was involuntary due to counsel's misadvice about th
• Rankin v. State
  861 So. 2d 1222· Fla. 2d DCA· 2003-12-12 ·cited 6×
  The appellate court affirmed the denial of a motion for postconviction relief, finding that while the trial court's reasoning was flawed, the defendant failed to state a facially sufficient claim. The defendant did not allege he would not have entered his guilty pleas had he know
• State v. Demello Bolware
  999 So. 2d 660· Fla. 1st DCA· 2003-10-31 ·cited 6×
  This case involves a dissent from a majority opinion that granted certiorari relief, finding that the circuit court violated a clearly established principle of law by ruling that license revocation is a direct consequence of a plea to a driving offense.
• Weaver v. State
  845 So. 2d 280· Fla. 3d DCA· 2003-05-14 ·cited 6×
  The court held that the defendant is entitled to an evidentiary hearing on the voluntariness of his plea, as the plea colloquy did not conclusively refute his claim of misadvice from counsel.
• Paul v. State
  838 So. 2d 687· Fla. 3d DCA· 2003-03-05 ·cited 6×·via Involuntary Plea
  A defendant is not entitled to postconviction relief based on an involuntariness theory stemming from reliance on unconstitutional sentencing guidelines.
• Partlow v. State
  813 So. 2d 999· Fla. 4th DCA· 2002-03-20 ·cited 6×
  Partlow pleaded guilty to a sexual offense without being informed of the sexual offender registration requirement and moved to withdraw his plea within 10 days. The Fourth District Court of Appeal reversed the trial court's denial of the withdrawal motion, holding that defendants
• Pettis v. State
  803 So. 2d 903· Fla. 1st DCA· 2002-01-08 ·cited 6×
  Robert Earl Pettis was convicted by jury after the trial court accepted his plea to lewd and lascivious battery, sentenced him pursuant to the plea agreement, but then sua sponte set aside the plea without legal cause and tried him again. The appellate court held this violated do
• Barnes v. State
  801 So. 2d 989· Fla. 1st DCA· 2001-12-12 ·cited 6×·via Involuntary Plea
• Orduno v. State
  800 So. 2d 669· Fla. 2d DCA· 2001-11-16 ·cited 6×·via Involuntary Plea
  The court held that the record did not conclusively refute the defendant's claim that he was unaware of potential deportation consequences of his plea, requiring an evidentiary hearing.
• Banck v. State
  798 So. 2d 814· Fla. 5th DCA· 2001-10-26 ·cited 6×·via Involuntary Plea
  Shawn Banck appealed his resentencing following Heggs v. State, arguing he had a plea agreement for a low-end guidelines sentence. The court affirmed the resentencing to 66.5 months under the 1994 guidelines, finding the parties bargained under the 1995 guidelines and Banck is on
• Laster v. State
  805 So. 2d 909· Fla. 2d DCA· 2001-10-19 ·cited 6×·via Involuntary Plea
  A trial court lacks jurisdiction to revoke probation after it has ended, rendering any sentence imposed for such violation illegal.
• Alton Hobbs v. State
  790 So. 2d 1164· Fla. 4th DCA· 2001-07-18 ·cited 6×
  Alton Hobbs appealed from summary denial of his Rule 3.850 motion for post-conviction relief alleging ineffective assistance of trial counsel in connection with his nolo pleas to attempted second degree murder and armed robbery. The court found his claim regarding counsel's misre
• Davis v. State
  783 So. 2d 288· Fla. 5th DCA· 2001-03-23 ·cited 6×
  Reginald Davis appealed the trial court's denial of his motion to withdraw a negotiated guilty plea to drug and driving offenses. The Fifth District Court of Appeal affirmed the denial, holding that Davis failed to establish good cause for withdrawal under Florida law.
• Roody Joseph v. State
  782 So. 2d 895· Fla. 2d DCA· 2001-02-14 ·cited 6×·via Involuntary Plea
  Roody Joseph appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming his five nolo contendere pleas were involuntary because he was not adequately advised of deportation risks. The court reverses and remands, holding that a plea form with a deporta
• Markus Forster v. State
  779 So. 2d 550· Fla. 2d DCA· 2001-01-19 ·cited 6×·via Involuntary Plea
  The court held that the defendant stated facially sufficient claims for postconviction relief that were not refuted by the record.
• Gray v. State
  774 So. 2d 30· Fla. 2d DCA· 2000-09-27 ·cited 6×·via Involuntary Plea
  Morris Gray appeals the denial of his habeas corpus petition (treated as a Rule 3.850 motion for postconviction relief) challenging the voluntariness of his guilty plea based on the trial court's failure to inform him of potential deportation consequences. The court reverses and
• Trombley v. State
  754 So. 2d 121· Fla. 5th DCA· 2000-03-17 ·cited 6×·via Involuntary Plea
  Trombley appeals his convictions for driving under the influence with serious bodily injuries and related DUI charges stemming from a 1997 high-speed collision. The Florida appellate court affirms his sentences and convictions, finding that Trombley failed to preserve most issues
• Perry v. State
  786 So. 2d 583· Fla. 1st DCA· 2000-02-28 ·cited 6×
  Perry appeals the trial court's summary denial of his petition for a writ of error coram nobis seeking to vacate his 40-year-old uncounseled conviction for theft of a motor vehicle based on an involuntary and uncounseled plea. The court reversed, holding that coram nobis was the
• Guilford v. State
  737 So. 2d 1160· Fla. 1st DCA· 1999-06-30 ·cited 6×·via Involuntary Plea
  Appellant Guilford appealed the summary denial of his postconviction relief motion, raising claims of ineffective assistance of counsel and involuntary plea. The First District Court of Appeal reversed and remanded on those two claims, finding them facially sufficient, while affi
• Smith v. State
  718 So. 2d 223· Fla. 1st DCA· 1998-08-03 ·cited 6×·via Involuntary Plea
  The court held that the trial court's attachments did not conclusively refute the defendant's allegations of ineffective assistance of counsel regarding a plea based on misrepresentations about concurrent sentencing.
• Raben v. State
  715 So. 2d 331· Fla. 1st DCA· 1998-07-29 ·cited 6×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the motion for postconviction relief because the attached documents did not conclusively refute the appellant's allegations.
• McDOWELL v. State
  714 So. 2d 606· Fla. 4th DCA· 1998-07-15 ·cited 6×·via Involuntary Plea
  David McDowell appeals the summary denial of his rule 3.850 postconviction motion. The appellate court reversed in part, finding that two of his six grounds for relief—involuntary plea due to psychotropic drug influence and lack of factual basis for the conviction—were legally su
• Hopkins v. State
  711 So. 2d 603· Fla. 1st DCA· 1998-05-12 ·cited 6×·via Involuntary Plea
  Dwayne Hopkins appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging the validity of his plea and sentence following a probation violation. The court affirmed the denial of his ineffective assistance claims but rev
• Saling v. State
  705 So. 2d 937· Fla. 2d DCA· 1997-12-31 ·cited 6×·via Involuntary Plea
  Charles Saling appealed the denial of his Rule 3.850 motion for postconviction relief, challenging his armed robbery conviction and life sentence as a habitual offender. The court affirmed the denial of most claims but reversed and remanded on Saling's contention that he was not
• Artie K. Perkins v. State
  696 So. 2d 1343· Fla. 2d DCA· 1997-07-23 ·cited 6×·via Involuntary Plea
  Artie Perkins appeals the denial of his postconviction relief motion, claiming he did not receive the full benefit of his plea bargain. The court found merit in his claim that his trial attorney and the trial court represented his state sentences would run concurrently with pendi
• Gallo v. State
  691 So. 2d 1184· Fla. 4th DCA· 1997-04-23 ·cited 6×·via Involuntary Plea
• Whitty v. State
  687 So. 2d 869· Fla. 2d DCA· 1997-01-22 ·cited 6×
  Kevin Whitty appealed the denial of his postconviction relief motion in three criminal cases, arguing that his defense counsel was ineffective for failing to pursue a voluntary intoxication defense and that his guilty plea was involuntary based on counsel's misadvice. The court r
• McCONNAUGHY v. State
  684 So. 2d 851· Fla. 5th DCA· 1996-12-13 ·cited 6×·via Involuntary Plea
  McConnaughy appeals the denial of his Rule 3.850 motion seeking to invalidate his plea on grounds of involuntariness due to subsequent changes in administrative rules affecting gain-time eligibility and prisoner reimbursement costs. The court affirms the denial but on different g
• Marshall v. State
  665 So. 2d 307· Fla. 2d DCA· 1995-12-13 ·cited 6×
  Appellant challenged the voluntariness of his guilty plea after he represented himself in court. The court reversed because the trial judge failed to conduct a sufficient inquiry under Nelson v. State to determine whether the public defender was providing ineffective assistance b
• Schenck v. State
  654 So. 2d 593· Fla. 4th DCA· 1995-04-26 ·cited 6×·via Involuntary Plea
  The court held that the trial court's order denying the appellant's motion was erroneous because the attachments did not conclusively refute the claim that his plea was involuntary due to schizophrenia and medication.
• Jauregui v. State
  652 So. 2d 898· Fla. 3d DCA· 1995-03-22 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  Appellant challenges his sentence and claims ineffective assistance of counsel following his guilty plea to second-degree murder and armed robbery. The court affirmed the trial court's denial of his petition for writ of certiorari, holding that his sentence was legal, within the
• Schott v. State
  641 So. 2d 465· Fla. 4th DCA· 1994-08-17 ·cited 6×
• Derwin Jay Perkins v. State
  647 So. 2d 202· Fla. 1st DCA· 1994-07-19 ·cited 6×
  The appellate court affirmed the sentence because the defendant failed to raise the issue of the voluntariness of his guilty plea in his motion to withdraw the plea before the trial court.
• AMENDMENTS TO FLA. RULES OF CRIM. PROCEDURE 3.170 & 3.700
  633 So. 2d 1056· Fla.· 1994-03-10 ·cited 6×
  The Florida Supreme Court adopted amendments to Criminal Procedure Rules 3.170 and 3.700 in response to prior case law decisions. The Court accepted the Rules Committee's proposed amendment to Rule 3.170 regarding vacation of pleas for defendant noncompliance, but rejected the Co
• Colon v. State
  619 So. 2d 34· Fla. 2d DCA· 1993-06-09 ·cited 6×
  The court held that a trial court must ensure a defendant understands mandatory minimum sentences before accepting a guilty plea.