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

• Gucciardo v. State
  842 So. 2d 849· Fla. 2d DCA· 2002-12-13 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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
• Moore v. State
  831 So. 2d 1237· Fla. 1st DCA· 2002-12-12
  The court reversed the trial court's denial of a motion to withdraw a guilty plea because the trial court failed to advise the defendant of the mandatory minimum sentence required by the Prison Releasee Reoffender statute during the plea colloquy.
• Cutuli v. State
  832 So. 2d 164· Fla. 5th DCA· 2002-11-08 ·via Knowing And Voluntary Plea
  Joseph Cutuli appeals the summary denial of his Rule 3.850 postconviction relief motion following his nolo contendere pleas to multiple felonies and 36-year sentence. The appellate court reverses in part, finding that two claims—involving alleged counsel misconduct regarding medi
• Hernandez v. State
  828 So. 2d 1084· Fla. 2d DCA· 2002-10-25 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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.
• S.F. v. Dep't OF Child. & Families
  825 So. 2d 521· Fla. 5th DCA· 2002-09-13
  Mother appealed a dependency adjudication and custody order placing her child with the father. While the trial court properly conducted a plea colloquy and made an oral finding of voluntariness supported by the record, the appellate court vacated and remanded because the written
• Ocroimi Monestime v. State
  825 So. 2d 515· Fla. 4th DCA· 2002-09-11 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
• Cifuentes v. State
  816 So. 2d 804· Fla. 3d DCA· 2002-05-15 ·via Involuntary Plea
  Affirmative misadvice by counsel regarding potential sentence-enhancing consequences of a guilty plea does not render the plea involuntary.
• Ricco A. Moultrie v. State
  813 So. 2d 1073· Fla. 2d DCA· 2002-04-24
• Thearon Sampson v. State
  814 So. 2d 1111· Fla. 2d DCA· 2002-04-03 ·via Involuntary Plea
  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.
• Fritz Major v. State
  814 So. 2d 424· Fla.· 2002-03-28
  Fritz Major challenged his 1993 no-contest plea to aggravated assault, arguing the trial court and his counsel failed to advise him that his conviction could enhance sentences in future prosecutions. The Florida Supreme Court held that neither the trial court nor counsel has a du
• Albo v. State
  808 So. 2d 1275· Fla. 3d DCA· 2002-03-06 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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.
• Smith v. State
  826 So. 2d 322· Fla. 2d DCA· 2002-01-11 ·via Involuntary Plea
  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.
• Bilogan v. State
  802 So. 2d 459· Fla. 4th DCA· 2001-12-19
  The court held that the trial court erred in denying the motion to vacate the plea as untimely because the defendant could not have known the law had changed until he applied for a work permit.
• Carroll v. State
  801 So. 2d 144· Fla. 2d DCA· 2001-11-21 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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
• Pilgrom v. State
  796 So. 2d 617· Fla. 2d DCA· 2001-09-21 ·via Involuntary Plea
  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 1084· Fla. 2d DCA· 2001-09-21 ·via Involuntary Plea
  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
• Tillman v. State
  805 So. 2d 867· Fla. 2d DCA· 2001-09-12
• Phillips v. State
  795 So. 2d 1033· Fla. 2d DCA· 2001-09-07 ·via Involuntary Plea
  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.
• Donovan Casey Odom v. State
  792 So. 2d 1238· Fla. 1st DCA· 2001-08-30
  Donovan Casey Odom appealed the denial of his motion for post-conviction relief following his guilty plea to firearm and cocaine charges. The court reversed and remanded, finding the lower court erred in treating the motion as successive and in summarily denying relief without an
• Roberson v. State
  792 So. 2d 585· Fla. 4th DCA· 2001-08-08
  The court held that the motion was timely under Wood v. State, but affirmed denial on one ground while reversing and remanding on others.
• L.D.S. v. State
  791 So. 2d 548· Fla. 2d DCA· 2001-07-27 ·via Knowing And Voluntary Plea
  The court held that a juvenile's adjudication of delinquency based on a conditional plea must be reversed if the trial court failed to conduct a plea colloquy to ensure the plea was knowing and voluntary.
• Gorowny Olden v. State
  789 So. 2d 1233· Fla. 4th DCA· 2001-07-25 ·via Involuntary Plea
  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.
• Damita Strawder v. State
  786 So. 2d 1259· Fla. 2d DCA· 2001-06-15 ·via Voluntary And Intelligent Guilty Plea
• Rowland v. State
  789 So. 2d 1070· Fla. 2d DCA· 2001-06-15 ·via Involuntary Plea
  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
• Delfonta Peacock v. State
  784 So. 2d 1267· Fla. 1st DCA· 2001-05-29 ·via Knowing And Voluntary Plea
  Appellant's motion to withdraw his guilty plea was properly denied as procedurally barred because it was untimely filed and did not allege the illegal sentence claims he raised on appeal.
• Ahmad Dunbar v. State
  787 So. 2d 240· Fla. 2d DCA· 2001-05-23 ·via Involuntary Plea
  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 ·via Involuntary Plea
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• MacLachlan v. State
  787 So. 2d 169· Fla. 2d DCA· 2001-05-09
• Soto v. State
  787 So. 2d 171· Fla. 2d DCA· 2001-05-09
  Appellant's motion to correct sentence under Florida Rule of Criminal Procedure 3.800(a) was properly denied because he must pursue Heggs relief through a rule 3.850 motion when his sentence resulted from a negotiated plea.
• In & for Kent Cnty.
  Del. Super. Ct.· 2001-04-23 ·via Knowing And Voluntary Plea
  The Superior Court denied the defendant's motion for postconviction relief, adopting the Commissioner's recommendation. The court found that the defendant failed to substantiate his claims of ineffective assistance of counsel and that his guilty plea was entered knowingly and vol
• McNEAL v. State
  784 So. 2d 490· Fla. 1st DCA· 2001-03-14 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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
• Merwyn Bodden v. State
  766 So. 2d 416· Fla. 4th DCA· 2000-08-23
  The court partially reversed a summary denial of post-conviction relief, holding that ineffective assistance of counsel claims challenging the voluntariness of a guilty plea to lewd and lascivious assault require an evidentiary hearing or record evidence rather than summary dismi
• Espinosa v. State
  759 So. 2d 721· Fla. 2d DCA· 2000-05-03 ·via Involuntary Plea
  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