RONALD M. HOLLOWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly denied the motion for postconviction relief because the grounds raised were without merit.
Holloway was charged with aggravated battery, the initial information was dismissed, and a second information was filed. Holloway pleaded nolo contend…
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MILLS, Judge.
Following the trial court’s summary denial of his motion for postconviction relief, Rule 3.850, Florida Rules of Criminal Procedure, Holloway instituted this appeal, asserting several grounds ;for reversal. We affirm.
Holloway, an inmate at Union Correctional Institution, was charged by information with aggravated battery. This information was later dismissed, allegedly due to a lack of probable cause. A new information subsequently was filed by the State on the same charge. Holloway then entered a plea of nolo contendere to the charge without reserving his right to appeal.
The first argument raised by Holloway is that the filing of this second information was barred under the principle of double jeopardy. This argument is without merit because jeopardy had not yet attached.
Holloway also alleges that he was not given a hearing pursuant to Rule 3.131(b)(1), Florida Rules of Criminal Proce dure, following the filing of the second information. This does not merit reversal. He waived any right to a preliminary hearing when he pled nolo contendere.
Finally, Holloway alleges that he was denied effective assistance of counsel. These allegations are refuted by the record, which shows that Holloway signed a statement when he entered his plea that he was satisfied with the advice and help of his lawyer. AFFIRMED.
BOOTH and SHIVERS, JJ., concur.
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Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984)…assistance of counsel. First, he stated at the plea hearing that he was satisfied with the services of his attorney. Such a statement by a defendant precludes him from later raising the issue of ineffective assistance of counsel. Holloway v. State, 432 So. 2d 649 (Fla. 1st DCA 1983). Second, even if Frazier’s allegations concerning his attorney were true, there was no proof that the alleged deficient conduct affected the outcome of the court proceedings as is required by Knight v. State, 394 So. 2d 997 (Fla.…
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State v. Carter, 452 So. 2d 1137 (Fla. 5th DCA 1984)…6 So. 2d 927 (Fla. 2d DCA 1979); State v. Gellis, 375 So. 2d 885 (Fla. 3d DCA 1979). Clearly principles of double jeopardy would not bar such refiling since a pre-trial dismissal of a criminal case occurs before jeopardy attaches. Holloway v. State, 432 So. 2d 649 (Fla. 1st DCA 1983); State v. Schafer. As to the doctrine of res judicata, it applies only where, upon the refiling of the information, the trial court is confronted with the identical motion to dismiss together with the identical traverse or demur…
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Roush v. State, 468 So. 2d 1103 (Fla. 1st DCA 1985)…onduct on the part of trial counsel which, if it occurred, could constitute “a substantial and serious deficiency measurably below that of competent counsel.” Knight v. State, 394 So. 2d 997 (Fla.1981). The court below, relying on Holloway v. State, 432 So. 2d 649 (Fla. 1st DCA 1983) and McCutcheon v. State, 444 So. 2d 532 (Fla. 1st DCA 1984), summarily denied appellant’s claim on grounds that appellant had expressly indicated satisfaction with the performance of his attorney by executing a plea waiver and co…
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