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

• Nelson v. State
  756 So. 2d 1071· Fla. 1st DCA· 2000-04-17 ·via Involuntary Plea
  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.
• State v. Wilmouth Hughes
  756 So. 2d 1061· Fla. 4th DCA· 2000-04-12
  The court reversed and remanded a downward departure sentence because the trial court failed to provide valid reasons supported by the record for the departure.
• 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 ·via Involuntary Plea
  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.
• State v. Davidson
  753 So. 2d 576· Fla. 4th DCA· 1999-10-27
  Florida appealed a trial judge's acceptance of a guilty plea to drug possession charges, arguing the judge improperly negotiated a plea bargain by suggesting a specific sentence. The Fourth District affirmed, holding that trial courts may suggest possible sentences over the prose
• Riley v. State
  743 So. 2d 148· Fla. 1st DCA· 1999-10-15
  Kenneth Riley appeals the summary denial of his post-conviction motion claiming his plea was involuntary because he relied on the promise of a boot camp-eligible sentence, unaware that his 252-month sentence exceeded the 10-year statutory limit for youthful offender eligibility.
• Hastings v. State
  742 So. 2d 514· Fla. 1st DCA· 1999-10-15 ·via Involuntary Plea
• Boyle v. State
  742 So. 2d 398· Fla. 3d DCA· 1999-09-01
  The court held that the record did not conclusively refute the defendant's claim that his plea was involuntary due to an untreated mental condition, requiring an evidentiary hearing.
• 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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
• Erazo v. State
  734 So. 2d 516· Fla. 4th DCA· 1999-05-19
  The court held that the defendant's plea may have been involuntary due to a miscalculated scoresheet, and the issue requires further review.
• Williams v. State
  733 So. 2d 1085· Fla. 1st DCA· 1999-05-10 ·via Involuntary Plea
  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
• Fitolay Demesmin v. State
  730 So. 2d 1279· Fla. 4th DCA· 1999-05-05
• State v. Boris Masip
  734 So. 2d 431· Fla. 3d DCA· 1999-04-21
  A petition for writ of error coram nobis should not be granted when the petitioner could have sought relief under Florida Rule of Criminal Procedure 3.850.
• Renye v. State
  727 So. 2d 1003· Fla. 2d DCA· 1999-02-10
  Donald Renye appeals the summary denial of his motion for post-conviction relief, challenging the voluntariness of his guilty plea on grounds that psychotropic medication may have impaired his judgment at the time of the plea, that his counsel coerced him to plead guilty, and tha
• Ivey v. State
  775 So. 2d 306· Fla. 2d DCA· 1999-01-13
  John Ivey appeals the denial of his postconviction motion challenging the effectiveness of his trial counsel. The appellate court affirms that portion addressing resentencing but reverses the denial of Ivey's claim that counsel promised he would receive a term of years rather tha
• Edenfield v. State
  725 So. 2d 1206· Fla. 2d DCA· 1999-01-13 ·via Involuntary Plea
  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 ·via Involuntary Plea
• Beasley v. State
  724 So. 2d 591· Fla. 2d DCA· 1998-11-20 ·via Knowing And Voluntary Plea
  Oscar Beasley appealed the denial of his postconviction motion under Florida Rule 3.850, claiming his plea was not knowing and voluntary because trial counsel failed to inform him of the ten-year minimum mandatory sentence for habitual violent felony offender enhancement. The app
• E.L. v. State
  720 So. 2d 280· Fla. 2d DCA· 1998-10-23 ·via Knowing And Voluntary Plea
  The court held that because the juvenile never entered a plea that could be accepted under Rule 8.080, the denial of his request to withdraw the plea must be reversed.
• Era Gregersen v. State
  714 So. 2d 1195· Fla. 4th DCA· 1998-08-05 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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.
• Kelly v. State
  712 So. 2d 780· Fla. 2d DCA· 1998-06-12
  Kelly appeals the trial court's denial of his Rule 3.850 postconviction motion challenging his guilty plea to aggravated battery for hitting his brother with a golf club. The court affirms the denial regarding scoresheet errors and the deadly weapon issue, but reverses regarding
• Medina v. State
  711 So. 2d 256· Fla. 3d DCA· 1998-06-03 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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
• Owens v. State
  707 So. 2d 430· Fla. 5th DCA· 1998-04-03
• Kincaid v. State
  704 So. 2d 223· Fla. 4th DCA· 1998-01-21 ·via Involuntary Plea
• Scott v. State
  702 So. 2d 309· Fla. 5th DCA· 1997-12-19 ·via Involuntary Plea
• Rodriguez v. State
  701 So. 2d 365· Fla. 2d DCA· 1997-10-22
  The court held that a public defender lien and costs were improperly imposed without proper advisement and statutory citation, but affirmed the judgment and sentence otherwise.
• State v. Vinston Larrimore
  701 So. 2d 585· Fla. 2d DCA· 1997-10-15 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
• Goodale v. State
  692 So. 2d 289· Fla. 1st DCA· 1997-04-28 ·via Involuntary Plea
  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 ·via Involuntary Plea
  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 ·via Involuntary Plea
  The court held that the trial court must either attach record evidence conclusively refuting the defendant's claims or hold an evidentiary hearing.
• Moore v. State
  693 So. 2d 571· Fla. 2d DCA· 1997-01-29
  Jerome L. Moore appeals the denial of his postconviction motion alleging ineffective assistance of counsel. The court found merit in his claim that counsel failed to thoroughly investigate the victim's recantation of her statement and reversed the denial of his motion on that iss
• Beier v. State
  684 So. 2d 306· Fla. 2d DCA· 1996-12-13 ·via Involuntary Plea
• Hudson v. State
  680 So. 2d 604· Fla. 1st DCA· 1996-09-30
  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 ·via Involuntary Plea
  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
• Pratt v. State
  685 So. 2d 1333· Fla. 2d DCA· 1996-04-19 ·via Involuntary Plea
  Luther Pratt appealed a trial court's denial of his postconviction motion claiming his trial counsel was ineffective and his plea was involuntary because neither counsel nor the court advised him that as a habitual offender he was ineligible for basic gain-time. The appellate cou
• Curry v. State
  671 So. 2d 291· Fla. 5th DCA· 1996-04-12 ·via Voluntary And Intelligent Guilty Plea
  Marcus Curry appealed the denial of his post-conviction motion claiming ineffective assistance of counsel, including that the trial court failed to establish a sufficient factual basis for his no-contest plea to cocaine possession. The appellate court affirmed, holding that altho
• Shahid v. State
  667 So. 2d 883· Fla. 1st DCA· 1996-02-06 ·via Involuntary Plea
  Wade Shahid appealed the denial of his post-conviction motion alleging that the state attorney misled him during plea negotiations by promising control release and work release programs that were unavailable. The court reversed and remanded because the trial court's reliance sole
• Hayes v. State
  665 So. 2d 353· Fla. 1st DCA· 1995-12-28 ·via Involuntary Plea
• Critsley v. State
  664 So. 2d 1175· Fla. 4th DCA· 1995-12-27
• Mobley v. State
  662 So. 2d 1346· Fla. 2d DCA· 1995-11-17
  Christopher Mobley appeals the denial of his motion for postconviction relief, claiming his counsel provided ineffective assistance by erroneously informing him he would be eligible for incentive gain time while serving a mandatory minimum sentence. The appellate court reversed a