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

• Kendrick v. State
  204 So. 3d 486· Fla. 5th DCA· 2016-07-15 ·cited 2×
• Rohan McDONALD v. State
  174 So. 3d 1068· Fla. 4th DCA· 2015-09-09 ·cited 2×·via Involuntary Plea
  The court held that a rule 3.850 motion cannot be summarily denied based solely on a plea form if it does not conclusively refute the defendant's claim of involuntary plea due to counsel's misadvice.
• Motes v. State
  129 So. 3d 446· Fla. 1st DCA· 2013-12-31 ·cited 2×
  Michael Motes appeals the trial court's denial of his motion to withdraw his guilty plea filed after sentencing. The court held that because Motes' plea agreement contained a patently erroneous reservation to appeal a non-dispositive ruling (competency finding), and the trial cou
• Hodges v. State
  107 So. 3d 538· Fla. 2d DCA· 2013-02-22 ·cited 2×·via Involuntary Plea
  Randall Scott Hodges appealed the dismissal of his Rule 3.850 postconviction relief motion. The court affirmed the dismissal of amended claims two and six but reversed the dismissal of the original motion, finding that ground nine—alleging the trial court failed to establish a fa
• Berry v. State
  106 So. 3d 500· Fla. 4th DCA· 2013-01-30 ·cited 2×
  Angela Berry appealed the trial court's denial of her motion to withdraw a guilty plea to grand theft and trespass charges prior to sentencing. The Fourth District Court of Appeal affirmed, holding that Berry failed to demonstrate good cause for withdrawal because she did not est
• Valley v. State
  105 So. 3d 596· Fla. 4th DCA· 2013-01-09 ·cited 2×·via Knowing And Voluntary Plea
  Mark Valley appealed the denial of his motion to withdraw his no contest plea to two counts of attempted second-degree murder, arguing the trial court departed from neutrality by sua sponte calling his former counsel as a witness. The Fourth District Court of Appeal affirmed, hol
• Bluntson v. State
  98 So. 3d 626· Fla. 1st DCA· 2012-08-29 ·cited 2×·via Involuntary Plea
  Jonathan Bluntson appealed a trial court's partial denial of his post-conviction motion to withdraw his guilty plea under Florida Rule 3.850, claiming ineffective assistance of counsel rendered his plea involuntary. The appellate court affirmed, finding that any sentencing errors
• Ermino Escobedo-Muniz v. State
  74 So. 3d 546· Fla. 4th DCA· 2011-11-09 ·cited 2×·via Involuntary Plea
  Defendant Escobedo-Muniz appealed the denial of his motion to correct an allegedly illegal sentence under Florida Rule 3.800(a). The court affirmed the trial court's denial, finding that his sentences were not illegal because the 48-month prison sentence and 5-year probation were
• Stanford v. State
  69 So. 3d 1039· Fla. 1st DCA· 2011-09-16 ·cited 2×
  Stanford challenged the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed the denial of ground one but reversed on ground two, finding that trial counsel should have objected to the state's untimely written notice of int
• Hammond v. State
  62 So. 3d 1152· Fla. 2d DCA· 2011-06-01 ·cited 2×·via Involuntary Plea
  James Hammond appealed the summary denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising four ineffective assistance of counsel claims related to his guilty plea to attempted first-degree murder. The court affirmed the denial of tw
• Barron Thompson v. State
  60 So. 3d 563· Fla. 2d DCA· 2011-05-06 ·cited 2×·via Involuntary Plea
  Thompson appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The appellate court reversed, finding the motion was timely filed (relying on prison mailbox rule) and that Thompson's jail credit claims were not successive because t
• Cochran v. State
  46 So. 3d 1116· Fla. 2d DCA· 2010-10-29 ·cited 2×·via Involuntary Plea
  Gary Cochran challenged the summary denial of his Rule 3.850 motion alleging ineffective assistance of counsel. The court affirmed the denial of most claims but reversed and remanded one claim regarding counsel's failure to investigate mental retardation as a bar to execution, fi
• Bruce v. State
  38 So. 3d 869· Fla. 3d DCA· 2010-06-23 ·cited 2×·via Involuntary Plea
  Donald Wade Bruce appeals the denial of his motions to withdraw two nolo contendere pleas entered simultaneously on grand theft charges. The court reverses and remands, directing reconsideration under the procedure established in Sheppard v. State, which recognizes a limited exce
• Cole v. State
  35 So. 3d 173· Fla. 2d DCA· 2010-06-02 ·cited 2×·via Involuntary Plea
  Norman Cole appealed the denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel based on conflicts of interest, involuntary plea, and failure to file evidentiary motions. The appellate court reversed the summary denials of several gr
• Rybolt v. State
  25 So. 3d 682· Fla. 2d DCA· 2010-01-15 ·cited 2×·via Involuntary Plea
  Matthew Rybolt appealed the denial of his motion to withdraw a guilty plea to nineteen drug offenses and his motion to modify his sentence. The court affirmed the denial of the plea withdrawal but reversed the denial of the sentence modification motion because the trial court los
• Biggs v. State
  24 So. 3d 797· Fla. 2d DCA· 2010-01-06 ·cited 2×·via Involuntary Plea
  The court affirmed the conviction and sentence, finding no meritorious issues for appeal after a negotiated guilty plea.
• Elbert v. State
  20 So. 3d 961· Fla. 2d DCA· 2009-10-14 ·cited 2×·via Involuntary Plea
  The court affirmed the denial of a claim treated under rule 3.800(a) but reversed and remanded for an evidentiary hearing on claims treated under rule 3.850, which alleged an involuntary plea due to affirmative misadvice of counsel regarding gain time and prison credit.
• Jackson v. State
  985 So. 2d 679· Fla. 4th DCA· 2008-07-02 ·cited 2×·via Involuntary Plea
  Jackson appealed the summary denial of his postconviction motion challenging his 1993 guilty plea as involuntary, claiming his attorney misadvised him about gain-time forfeiture. The Fourth District affirmed the dismissal as untimely, rejecting Jackson's argument that discovery o
• Ford v. State
  975 So. 2d 1191· Fla. 1st DCA· 2008-03-06 ·cited 2×
  Ronald Ford appealed the denial of his Rule 3.850 motion claiming ineffective assistance of counsel because his attorney misadvised him that the Parole Commission, rather than the trial court, would decide whether his sentences would be concurrent. The court found the claim had m
• Perrette v. State
  960 So. 2d 888· Fla. 4th DCA· 2007-07-18 ·cited 2×·via Involuntary Plea
  A defendant appealed his felony battery conviction following a guilty plea, but the appellate court found the appeal premature because the trial court had not yet ruled on the defendant's timely pro se motion to withdraw his plea based on allegedly deficient assistance of counsel
• Petruny v. State
  958 So. 2d 612· Fla. 4th DCA· 2007-06-27 ·cited 2×·via Involuntary Plea
  Petruny appeals the summary denial of his postconviction motion claiming his plea was involuntary due to trial counsel's failure to move to suppress statements obtained in violation of Miranda rights. The court reverses and remands on the Miranda claim while affirming the denial
• Thomas v. State
  935 So. 2d 91· Fla. 5th DCA· 2006-08-04 ·cited 2×·via Involuntary Plea
  Habeas corpus petition denied because petitioner's claims of involuntary plea and ineffective assistance of counsel must be raised through a Rule 3.850 motion, not habeas corpus, and the time limit for filing such motion has not yet expired.
• Howard v. State
  932 So. 2d 482· Fla. 4th DCA· 2006-06-14 ·cited 2×
  Harry Howard appeals the denial of postconviction relief under Rule 3.850, challenging the trial court's rejection of his claim that his plea was involuntary due to ineffective assistance of counsel. The Fourth District affirms but grants him leave to refile his motion seeking to
• Colon v. State
  933 So. 2d 2· Fla. 2d DCA· 2006-04-19 ·cited 2×·via Involuntary Plea
  The court held that the post-conviction court erred in summarily denying claim nine without attaching record evidence refuting it.
• P.R.T. v. State
  920 So. 2d 708· Fla. 4th DCA· 2006-02-08 ·cited 2×
• Humphrey v. State
  909 So. 2d 938· Fla. 2d DCA· 2005-08-05 ·cited 2×
  The court affirmed the judgment and sentence because the defendant failed to preserve the issue of the voluntariness of his plea and the motion to suppress was not dispositive.
• Fuentes v. State
  907 So. 2d 609· Fla. 3d DCA· 2005-07-20 ·cited 2×
  Roberto Fuentes, serving concurrent sentences for attempted burglary, armed burglary with assault, involuntary sexual battery, and lewd assault on a minor, appealed the denial of his second motion for postconviction DNA testing. The Florida District Court of Appeal affirmed the d
• Babie v. State
  905 So. 2d 986· Fla. 3d DCA· 2005-06-29 ·cited 2×·via Involuntary Plea
  Florida appellate court affirmed denial of motion to correct illegal sentence, holding that claims of involuntary guilty plea and alleged double jeopardy from concurrent sentencing as both a firearm offender and habitual violent felony offender do not constitute illegal sentences
• Irique Joseph v. State
  904 So. 2d 577· Fla. 4th DCA· 2005-06-15 ·cited 2×
  Joseph sought to withdraw his no-contest plea to second-degree murder, claiming inadequate plea colloquy. The Florida Fourth District Court of Appeal reversed the trial court's denial, holding that the court failed to conduct an adequate inquiry under Florida Rule of Criminal Pro
• Rosario v. State
  903 So. 2d 1015· Fla. 2d DCA· 2005-06-10 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred in conclusively refuting the defendant's claim based on an inadequate plea colloquy, as the record attached did not refute the claim.
• Slater v. State
  915 So. 2d 618· Fla. 5th DCA· 2005-06-07 ·cited 2×·via Knowing And Voluntary Plea
• Perez v. State
  934 So. 2d 495· Fla. 3d DCA· 2005-03-30 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court's warning about potential deportation consequences was sufficient to satisfy Florida Rule of Criminal Procedure 3.172(c)(8).
• Alcantara v. State
  888 So. 2d 758· Fla. 2d DCA· 2004-12-15 ·cited 2×·via Involuntary Plea
  Appellant's conviction for attempted second-degree murder was affirmed where letters to the trial court did not constitute a valid motion to withdraw plea and the motion to correct sentence failed to raise a sentencing issue.
• Rayon Payne v. State
  890 So. 2d 284· Fla. 5th DCA· 2004-11-19 ·cited 2×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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
• Howard v. State
  879 So. 2d 656· Fla. 3d DCA· 2004-08-04 ·cited 2×
• Moore v. State
  879 So. 2d 62· Fla. 4th DCA· 2004-07-28 ·cited 2×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
  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×·via Involuntary Plea
• Demetrice Collins v. State
  858 So. 2d 1197· Fla. 4th DCA· 2003-11-12 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the trial court did not err in denying the motion to withdraw the plea, affirming the judgment and sentence.
• Crawley v. State
  851 So. 2d 739· Fla. 2d DCA· 2003-06-04 ·cited 2×
  Peter Crawley appeals the revocation of his community control and denial of his motion to withdraw his guilty plea. The Florida Second District Court of Appeal affirmed both the revocation and the denial of the withdrawal motion, finding that Crawley's plea was voluntary and that
• Treon D. Patrick v. State
  830 So. 2d 248· Fla. 1st DCA· 2002-11-14 ·cited 2×
  Treon Patrick appeals the summary denial of his motion for post-conviction relief following his no-contest plea to sexual battery charges. The appellate court reversed in part, finding that claims regarding ineffective assistance of counsel regarding the plea colloquy, confession
• Gould v. State
  826 So. 2d 1101· Fla. 5th DCA· 2002-10-04 ·cited 2×·via Involuntary Plea