STEVEN WILLIAM THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1982-09-23
No. AM-212
ERVIN and WIGGINTON, JJ., concur.
419 So. 2d 1141 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 18 cases


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

In this appeal from the trial court’s denial of his motion for post-conviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure, Thomas contends that his guilty plea was coerced and that he was denied effective assistance of counsel. We affirm.

The trial court properly denied Thomas’ 3.850 motion without hearing because the petition signed by Thomas states that “I declare that no officer of any branch of government (federal, state or local) 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 knowingly made.

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990)
    …he contrary made at a sentencing hearing, or by written 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 w…
  • Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986)
    …d 1216 (Fla.1986). While the allegations of a coerced plea and ineffective assistance of counsel are properly raised, the portions of the record attached by the trial court conclusively show that Hagans is entitled to no relief. In Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982), this court affirmed the denial without a hearing of a motion for post-conviction relief which alleged that the defendant’s guilty plea was coerced and his counsel ineffective. The court based its decision on the presence in the…
  • BIR v. State, 493 So. 2d 55 (Fla. 1st DCA 1986)
    …conten-dere plea is entered voluntarily and not through coercion. The defendant’s answers to the above questions are sufficient to refute the defendant’s allegations of coercion. Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986); Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982). AFFIRMED. MILLS and WIGGINTON, JJ., concur. . His direct appeal to this Court resulted in an affirmance in Bir v. State, 405 So. 2d 1073 (Fla. 1st DCA 1981). . Such dialogue was attached to the defendant’s first 3.850 motion…

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