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

• Hemphill v. State
  820 So. 2d 405· Fla. 2d DCA· 2002-06-26 ·cited 2×
  Hemphill appealed a summary denial of his Rule 3.850 motion for postconviction relief, claiming his plea was involuntary due to ineffective assistance of counsel for failing to file motions challenging the statute of limitations. The court reversed and remanded for an evidentiary
• Elba Antonia Altamirano v. State
  817 So. 2d 1029· Fla. 3d DCA· 2002-06-05 ·cited 2×
  Elba Altamirano appealed the summary denial of her Rule 3.850 motion for post-conviction relief challenging her nolo contendere plea to aggravated battery with a weapon. The Third District Court of Appeal affirmed, finding the plea colloquy demonstrated the defendant was fully in
• Donnie Ray Jerry v. State
  816 So. 2d 1247· Fla. 5th DCA· 2002-05-31 ·cited 2×
  Donnie Ray Jerry appealed the denial of his petition for writ of error coram nobis, challenging his 1991 guilty pleas to drug trafficking charges. He argued his attorney failed to inform him that his state convictions could enhance future federal sentences and failed to move to d
• Swatman v. State
  814 So. 2d 1109· Fla. 2d DCA· 2002-04-03 ·cited 2×·via Involuntary Plea
  Dale Swatman appealed the trial court's summary denial of his Rule 3.850 motion challenging his guilty pleas on grounds that he did not understand the nature of the pleas due to psychotropic medication use. The appellate court affirmed but without prejudice, allowing Swatman to r
• Jolly v. State
  805 So. 2d 969· Fla. 2d DCA· 2001-11-21 ·cited 2×·via Involuntary Plea
  The court held that a defendant's plea may be involuntary if based on sentencing guidelines later found unconstitutional.
• Yurchis v. State
  799 So. 2d 1096· Fla. 2d DCA· 2001-10-31 ·cited 2×·via Involuntary Plea
  Yurchis appealed the denial of his postconviction relief motion challenging his guilty plea and sentencing. The court affirmed two grounds without comment but reversed the denial of two other grounds regarding involuntary plea based on incorrect sentencing guidelines and improper
• Thiel v. State
  793 So. 2d 115· Fla. 2d DCA· 2001-08-17 ·cited 2×
• Herman v. State
  795 So. 2d 1000· Fla. 2d DCA· 2001-08-10 ·cited 2×·via Involuntary Plea
  The court held that the defendant's motion for postconviction relief was facially insufficient because it failed to allege key facts regarding his knowledge of the scoresheet error and the timeliness of his claim.
• Seraphin v. State
  785 So. 2d 608· Fla. 4th DCA· 2001-04-25 ·cited 2×·via Involuntary Plea
  Peter Seraphin appeals the dismissal of his Rule 3.850 postconviction relief motion challenging his plea to robbery with a deadly weapon. The trial court dismissed the motion as moot after Seraphin was deported, but the appellate court reversed, holding that deportation does not
• Smith v. State
  793 So. 2d 34· Fla. 2d DCA· 2001-04-11 ·cited 2×
  Donald Lee Smith appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and his motion for rehearing. The court reversed, finding that the trial court erred in denying the motion for rehearing as untimely because it fail
• Futch v. State
  781 So. 2d 462· Fla. 2d DCA· 2001-03-07 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A defendant who entered a negotiated plea under the unconstitutional 1995 guidelines, but whose sentence was not a departure under the 1994 guidelines, may file a motion challenging the voluntary nature of his plea.
• Moises Velez v. State
  778 So. 2d 480· Fla. 4th DCA· 2001-02-21 ·cited 2×·via Involuntary Plea
  Court reversed summary denial of post-conviction relief motion where defendant entered consolidated plea agreement across multiple cases, holding that rule 3.987(4)'s exception for consolidated cases applies.
• Rudolfo Ramirez v. State
  752 So. 2d 1246· Fla. 3d DCA· 2000-03-08 ·cited 2×·via Knowing And Voluntary Plea
• Thomas v. State
  745 So. 2d 468· Fla. 4th DCA· 1999-11-17 ·cited 2×·via Involuntary Plea
  A defendant's acceptance and violation of probation does not preclude them from seeking postconviction relief from their conviction based on an involuntary plea.
• Luma v. State
  736 So. 2d 1280· Fla. 4th DCA· 1999-07-21 ·cited 2×·via Involuntary Plea
  The court held that the record did not conclusively refute the defendant's claim that his plea was involuntary due to his attorney's advice.
• State v. Joyce
  734 So. 2d 1029· Fla.· 1999-05-20 ·cited 2×
• Chestley Higgins v. State
  737 So. 2d 559· Fla. 4th DCA· 1999-05-19 ·cited 2×·via Involuntary Plea
  The court affirmed the conviction and sentence, holding that it lacked jurisdiction to consider the defendant's claims regarding counsel and sentencing errors because they were not properly preserved or did not fall within the permitted grounds for appeal after a guilty plea.
• State v. Luders
  731 So. 2d 163· Fla. 4th DCA· 1999-05-05 ·cited 2×
• Romero v. State
  729 So. 2d 502· Fla. 1st DCA· 1999-03-30 ·cited 2×·via Involuntary Plea
  The court held that the record did not conclusively refute the defendant's allegation that his plea was involuntary due to affirmative misadvice from his counsel regarding the actual time he would serve.
• Thomason v. State
  732 So. 2d 1122· Fla. 4th DCA· 1999-02-24 ·cited 2×
  The trial court erred by denying the motion to withdraw a plea without an evidentiary hearing, given the extensive allegations of involuntariness.
• Javon Osle Yates v. State
  720 So. 2d 285· Fla. 2d DCA· 1998-10-28 ·cited 2×·via Involuntary Plea
• Boyne v. State
  728 So. 2d 246· Fla. 5th DCA· 1998-10-16 ·cited 2×·via Involuntary Plea
• Delahoz v. State
  748 So. 2d 288· Fla. 4th DCA· 1998-08-26 ·cited 2×·via Knowing And Voluntary Plea
  Florida appellate court affirmed conviction and sentence, holding that trial court properly refused to withdraw guilty plea where defendant claimed he was misled about sentencing range, finding no abuse of discretion in the trial court's factual determination that no promises wer
• Eusse v. State
  717 So. 2d 1049· Fla. 3d DCA· 1998-07-22 ·cited 2×·via Involuntary Plea
  Gustavo Eusse, a Colombian citizen, sought to vacate his 1993 guilty plea to cocaine trafficking charges on the ground that the trial court failed to inform him of deportation consequences as required by Florida law. The court affirmed the denial of his writ of error coram nobis
• Wright v. State
  711 So. 2d 121· Fla. 4th DCA· 1998-04-29 ·cited 2×·via Involuntary Plea
  The court held that a defendant is entitled to withdraw their plea if the conditions of the plea agreement cannot be honored, and that the defendant may be entitled to jail credit for time spent in federal custody.
• Jackson v. State
  707 So. 2d 775· Fla. 2d DCA· 1998-01-09 ·cited 2×
  Jackson appeals his probation revocation sentence, arguing he should not have been on probation at the time of the alleged violation. The court reverses because the trial court's written order conflicted with its oral pronouncement reinstating Jackson's original probation, which
• Long v. State
  701 So. 2d 409· Fla. 1st DCA· 1997-11-10 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred again by denying postconviction relief without attaching portions of the record that conclusively establish the appellant is entitled to no relief.
• Alphonso Swain v. State
  699 So. 2d 318· Fla. 1st DCA· 1997-09-18 ·cited 2×·via Involuntary Plea
  The court held that the defendant's claim of an involuntary plea due to misinformation about the maximum penalty requires further review.
• Orcalino A. Eneias v. State
  696 So. 2d 1365· Fla. 5th DCA· 1997-07-25 ·cited 2×·via Involuntary Plea
• Austin v. State
  696 So. 2d 1196· Fla. 2d DCA· 1997-05-21 ·cited 2×
  An Anders appeal challenging a guilty plea to grand theft is dismissed because the appellant failed to reserve his right to appeal when entering the plea, precluding direct appellate review under Florida law.
• James v. State
  696 So. 2d 1194· Fla. 2d DCA· 1997-05-16 ·cited 2×
  Eric James appealed the denial of his motion to withdraw his guilty plea filed after sentencing. The court affirmed the denial, holding that while the motion should have been treated as a Rule 3.850 motion rather than a Rule 3.170(f) motion, James failed to allege sufficient fact
• Howard v. State
  688 So. 2d 992· Fla. 1st DCA· 1997-02-28 ·cited 2×·via Involuntary Plea
• Carridine v. State
  680 So. 2d 1059· Fla. 4th DCA· 1996-09-25 ·cited 2×
  Appellant was sentenced as a habitual violent felony offender after pleading guilty without prior written notice that the state would seek enhanced penalties. The court reversed the sentence and remanded for resentencing without habitual offender status, holding that Florida law
• Brown v. State
  695 So. 2d 736· Fla. 1st DCA· 1996-09-11 ·cited 2×·via Involuntary Plea
  Shawn Brown appealed his sentence of 22 months probation with a condition to serve that time in county jail for sale of cocaine, claiming he should receive gain time credits equivalent to those given state prison inmates. The court affirmed, holding that Brown's challenges were p
• Suarez v. State
  677 So. 2d 1316· Fla. 3d DCA· 1996-07-31 ·cited 2×·via Involuntary Plea
  Defendant's belated appeal of the trial court's denial of his Rule 3.850 post-conviction motion was treated as a habeas petition, but the court affirmed the denial of relief for claims of involuntary plea and ineffective assistance of counsel.
• Brown v. State
  672 So. 2d 661· Fla. 1st DCA· 1996-05-02 ·cited 2×·via Involuntary Plea
  The court reversed in part and remanded a trial court's denial of post-conviction relief where the record did not conclusively establish that appellant was not entitled to relief on his claim that trial counsel was ineffective for failing to inform the court of his mental illness
• Otto Jones, III v. State
  671 So. 2d 225· Fla. 1st DCA· 1996-04-08 ·cited 2×·via Involuntary Plea
  Otto Jones appeals the trial court's summary denial of his Rule 3.850 motion for relief from conviction, claiming he entered an involuntary guilty plea based on his attorney's misrepresentation that he would serve only two years of a ten-year sentence. The court affirms most issu
• Hills v. State
  671 So. 2d 223· Fla. 1st DCA· 1996-04-08 ·cited 2×·via Involuntary Plea
• Prince Turner v. State
  670 So. 2d 1031· Fla. 2d DCA· 1996-03-01 ·cited 2×·via Involuntary Plea
  Prince Turner challenges the trial court's denial of his motion seeking to preserve gain time credits under a plea agreement when a violation of community control resulted in a new prison sentence. The court reversed in part because the trial court failed to address Turner's clai
• Smith v. State
  667 So. 2d 213· Fla. 1st DCA· 1995-08-04 ·cited 2×·via Knowing And Voluntary Plea
  Donald Smith appealed the denial of his Rule 3.850 post-conviction motion claiming ineffective assistance of counsel regarding guilty plea advice. The First District Court of Appeal affirmed in part and reversed in part, holding that while Smith's claims regarding involuntariness
• Jackson v. State
  661 So. 2d 61· Fla. 2d DCA· 1995-06-07 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the trial court erred by not addressing the defendant's specific allegations regarding the knowing and voluntary nature of his plea to a violation of probation.
• Holt v. State
  653 So. 2d 1120· Fla. 2d DCA· 1995-04-21 ·cited 2×·via Involuntary Plea
  Benjamin Holt appeals the summary denial of his motion for postconviction relief, claiming his plea was involuntary because his trial counsel misinformed him about the maximum sentences he faced. The trial court failed to adequately address Holt's arguments, and the appellate cou
• Kit Goins v. State
  652 So. 2d 1283· Fla. 1st DCA· 1995-04-13 ·cited 2×
  Appellant's convictions and sentences are affirmed because he failed to move to withdraw his plea when the trial court imposed a sentence exceeding the plea agreement recommendation, and the trial court had no duty to offer withdrawal without such a motion.
• Rodriguez v. State
  652 So. 2d 1232· Fla. 2d DCA· 1995-04-05 ·cited 2×
  The court held that the proper procedure to assert a claim of mental incapacity at the time of a guilty plea is a motion to vacate under Florida Rule of Criminal Procedure 3.850.
• Guevara v. State
  647 So. 2d 887· Fla. 4th DCA· 1994-11-09 ·cited 2×
• Gonzalez v. State
  639 So. 2d 134· Fla. 2d DCA· 1994-06-29 ·cited 2×
  The court held that a trial court must inform a defendant of the maximum possible sentence and the possibility of habitualization before accepting a guilty plea.
• J.Y. v. State
  635 So. 2d 34· Fla. 5th DCA· 1993-10-01 ·cited 2×
  A defendant who pleads guilty waives consideration of the constitutionality of the statute of conviction, and lack of awareness of adverse case law does not render the plea unknowing, unintelligent, or involuntary.
• United States v. Solomon
  998 F.2d 587· 8th Cir.· 1993-07-12 ·cited 2×
  The court held that a Minnesota conviction for attempted second-degree burglary qualifies as a 'violent felony' under the Armed Career Criminal Act, and the district court did not err in denying a hearing on the defendant's claim of a coerced guilty plea.
• United States v. Seavoy
  995 F.2d 1414· 7th Cir.· 1993-06-15 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the admission of a co-defendant's prior sworn testimony under the residual hearsay exception was proper, and that the denial of a motion to withdraw a guilty plea and a sentence enhancement for firearm use were not erroneous.
• United States v. Anderson
  993 F.2d 1435· 9th Cir.· 1993-05-20 ·cited 2×
  The court held that a guilty plea induced by a district judge's improper participation in plea negotiations and coercive statements is involuntary and must be vacated.