DANIEL LOCONTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed summary denial of motion to vacate guilty plea where defendant's own sworn answers to trial court questions conclusively refuted his allegations of coercion and promises.
A trial court may summarily deny a motion to vacate a guilty plea without an evidentiary hearing when the defendant's own answers to direct questions about coercion and promises conclusively refute the allegations in the motion.
[1] A trial court may summarily deny a motion to vacate a guilty plea without an evidentiary hearing when the defendant's own sworn answers to questions about coercion and pr…
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Join FLexlaw to unlock all legal intelligenceDaniel Loconte pleaded guilty and later moved to vacate and set aside his judgment and sentence, claiming his guilty plea resulted from coercion and p…
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PER CURIAM.
The trial court summarily denied Daniel Loconte’s motion to vacate and set aside a judgment and sentence. He appeals, claiming that his guilty plea was the result of coercion and promises. We affirm.
Loconte cites Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969), in support of his contention that he should have been given an evidentiary hearing based on the allegations in his motion, but we think Bramley is distinguishable. There, the inquiry into the free and voluntary nature of the plea was limited to questions about whether the defendant had been “influenced” and whether the plea was what he wanted. Here, there was a direct denial of coercion or promises by Loconte’s negative replies to the following questions: “Aside from the terms of the negotiated plea in this case . . has any person promised or suggested to you that you will be rewarded in any manner, or that you will receive preferential treatment other than that stated?” and “Has any person used any threats, force, pressure or intimidation to make you plead guilty to the charge?” Since the record conclusively refutes the allegations, the ruling of the trial court was correct. Pierce v. State, 318 So. 2d 501 (Fla. 1st DCA 1975); Garcia v. State, 228 So. 2d 300 (Fla. 3d DCA 1969).
AFFIRMED.
McCORD, C. J., and MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990)…statements to the contrary contained in a negotiated plea. See, e.g., Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987); Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986); Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982); Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979). Appellant’s written negotiated plea contains statements that he was not coerced into entering his guilty plea and that he was satisfied with the services of his attorney, as well as other statements which refute the claims made…
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Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982)…has subjected me to any force, duress, threats, intimidation or pressure to compel or induce me to enter this plea.” Additionally, Thomas denied any coercion at the hearing. His claim of coercion is therefore refuted by the record. Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979). Thomas’ contention that he was denied effective assistance of counsel is refuted by the petition signed by him which declares that Thomas is satisfied with his attorney’s services and that his plea was voluntarily and knowingl…
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Cochran v. State, 427 So. 2d 1125 (Fla. 3d DCA 1983)…idered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. See Harvin v. State, 385 So. 2d 119 (Fla. 3d DCA 1980); Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979); Seymour v. State, 359 So. 2d 61 (Fla. 3d DCA 1978); Thornton v. State, 354 So. 2d 892 (Fla. 3d DCA 1978); Sec. 924.06(3), Fla. Stat. (1978); Rule 9.140(b) Fla.R.App.P.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Garcia v. State, 228 So. 2d 300 (Fla. 3d DCA 1969)
- Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
- Pierce v. State, 318 So. 2d 501 (Fla. 1st DCA 1975)