PRESTON BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that allegations concerning matters preceding a plea are foreclosed by the plea, but allegations concerning the voluntary nature of the plea are cognizable.
Defendant sought postconviction relief, raising issues unrelated to his plea and issues concerning the voluntariness of his plea. The trial court deni…
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PER CURIAM.
The trial court denied defendant’s motion for postconviction relief without an evidentiary hearing and without appending portions of the record which demonstrate that the prisoner is entitled to no relief. See Rule 3.850(e), Fla.R.Crim.P. We affirm in part and reverse in part.
Two of defendant’s allegations concern matters which preceded and are wholly unrelated to the entry of his plea. These issues are foreclosed by virtue of the defendant’s plea, Robinson v. State, 373 So. 2d 898 (Fla.1979), and, therefore, the trial court properly denied relief on these issues.
On the other hand, two of the defendant’s allegations [grounds one and two] concern matters which involve the voluntary nature of his plea. Such allegations are cognizable under Rule 3.850, Fla.R. Crim.P. and, consequently, the trial court must comply with the strictures of the rule. See LeDuc v. State, 415 So. 2d 721 (Fla.1982); Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980).
Affirmed in part and reversed in part and remanded with instructions.
LETTS, C. J., and HURLEY and DELL, JJ., concur.
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Smith v. State, 461 So. 2d 991 (Fla. 1st DCA 1984)…ordering only one psychological evaluation of appellant to determine if appellant was temporarily insane at the time of the offense and that the trial judge erred in not ordering a presentence investigation report. See, respectively, Brown v. State, 418 So. 2d 464 (Fla. 4th DCA 1982) (that court stating that the defendant’s allegations concerning matters which preceded and were wholly unrelated to the entry of his plea were foreclosed by virtue of the defendant’s plea, citing Robinson v. State, 373 So. 2d 898…
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Brown v. State, 422 So. 2d 1056 (Fla. 4th DCA 1982)…PER CURIAM. This is petitioner’s second appeal from the denial of a motion for post-conviction relief without an evidentiary hearing. On the first appeal, 418 So. 2d 464 (Fla.1982), we affirmed in part and reversed in part and remanded with instructions that the trial court “append those portions of the record which demonstrate that the prisoner is entitled to no relief or, in the alternative, to afford the defendan…
Authorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- LeDUC v. State, 415 So. 2d 721 (Fla. 1982)
- Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980)