ALEXANDER HARVIN, A/K/A "ZEKE", APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant seeks review of the summary denial of his motion under Fla.R. Crim.P. 3.850 to vacate the judgment and sentence entered against him after a guilty plea. The entry of the plea effectively waived his presently asserted claims that his confession to the crime was involuntary and that evidence against him was the product of an unlawful search and seizure; hence, these matters cannot be considered in a Rule 3.850 proceeding. E. g., Whitlow v. State, 256 So. 2d 48 (Fla.2d DCA 1971); Hand v. State, 208 So. 2d 307 (Fla.2d DCA 1968). Since there was no allegation that the plea itself was not knowingly and voluntarily entered, or was otherwise subject to legal challenge, the motion was properly denied without evidentiary hearing.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Rosemond v. State, 433 So. 2d 635 (Fla. 1st DCA 1983)…onsequence of Rosemond’s plea and neither court nor counsel must advise him for the plea to be valid. Rosemond further argues that his conviction was obtained with illegally gathered evidence. This issue is waived by a guilty plea. Harvin v. State, 385 So. 2d 119 (Fla. 3d DCA 1980). Rosemond contends that counsel was ineffective due to having consulted with Rosemond only seven times of ten minutes each. Brevity of consultation is not grounds for postconviction relief, Byrd v. State, 243 So. 2d 1 (Fla. 3d DC…
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van Fuquay v. State, 386 So. 2d 1314 (Fla. 5th DCA 1980)…been held that no state action is involved in the alleged denial of due process or fair trial and appellant cannot complain about the ineffectiveness of his counsel whom he chose. State v. Garmise, 382 So. 2d 769 (Fla.3d DCA 1980); Spencer v. State, 385 So. 2d 119 (Fla. 1st DCA 1980). Appellant has not shown us reason to differ from the holdings in those cases so we decline to do so. In fact, even though we have on one occasion ordered appellant to supplement the record on appeal, with which order he less th…
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State v. Dukes, 388 So. 2d 651 (Fla. 2d DCA 1980)…ring was conducted; thereafter the trial court granted the motion and ordered a [*652] new trial. We affirm. Cuyler v. Sullivan, -U.S. -, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980); Chambers v. State, 388 So. 2d 1259 (Fla. 2d DCA 1980); Spencer v. State, 385 So. 2d 119 (Fla. 1st DCA 1980). BOARDMAN, Acting C. J., and DAN-AHY, J., concur. OTT, J., specially concurring.…
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- Whitlow v. State, 256 So. 2d 48 (Fla. 2d DCA 1971)
- Hand v. State, 208 So. 2d 307 (Fla. 2d DCA 1968)