GEORGE T. FRAZIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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George Frazier appealed the trial court's denial of his Rule 3.850 motion for postconviction relief, which challenged the voluntariness of his nolo contendere plea and claimed ineffective assistance of counsel. The court affirmed the denial on three independent grounds: the plea transcript refuted involuntariness claims, insufficient evidence supported the ineffective assistance claim, and the motion was barred by laches due to Frazier's nearly seven-year escape from custody before filing.
The court affirmed the denial of postconviction relief on three grounds: (1) the plea transcript affirmatively refuted claims of involuntariness, (2) Frazier presented insufficient evidence of ineffective assistance of counsel, and (3) the motion was barred by the doctrine of laches due to the unjustified delay in filing and the death of key witnesses.
[1] A defendant's statement at a plea hearing that no one threatened or promised them anything to induce the plea, coupled with an adequate inquiry by the court into the plea…
[2] A defendant's statement at a plea hearing that they are satisfied with their attorney's services precludes them from later raising the issue of ineffective assistance of…
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Join FLexlaw to unlock all legal intelligence“The transcript shows that Frazier stated that no one had threatened him or promised him anything to induce him to plead nolo contendere and that the trial court conducted an adequate inquiry into the voluntariness of the plea.”
Establishes that the plea transcript affirmatively refutes involuntariness claims.
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Join FLexlaw to unlock all legal intelligenceFrazier entered a nolo contendere plea on August 20, 1973, and received a seven-year sentence. After serving two years, he escaped and remained at lar…
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MILLS, Judge.
Frazier filed a motion for postconviction relief, Rule 3.850, Florida Rules of Criminal Procedure, alleging that his plea of nolo contendere was involuntary and that he was denied effective assistance of counsel. After holding an evidentiary hearing, the trial court denied the motion. We affirm.
Frazier’s allegations of an involuntary plea are affirmatively refuted by the transcript of the plea hearing. The transcript shows that Frazier stated that no one had threatened him or promised him anything to induce him to plead nolo con-tendere and that the trial court conducted an adequate inquiry into the voluntariness of the plea.
Further, we agree with the trial court that Frazier presented insufficient evidence on the issue of ineffective 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.1981). That is, Frazier failed to show that further investigation or other activity by his attorney would likely have resulted in a decision to go to trial, much less a verdict favorable to him following the trial. It has been held that “[i]n order to support a claim of ineffective assistance of counsel under Knight it must be established that the alleged error was prejudicial in fact.” Buford v. Wainwright, 428 So. 2d 1389, 1391 (Fla.1983). Frazier has failed to carry this burden.
We also base our affirmance on another ground. Frazier entered his plea of nolo contendere on 20 August 1973. After serving two years of his seven-year sentence, he escaped and remained at large for almost seven years. He filed this Rule 3.850 motion in 1983 after he was recaptured. While he was at large, both the attorney that he now alleges was ineffective and the trial judge who accepted his plea died. We hold that under such circumstances Frazier’s motion is barred by the doctrine of laches. Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970). It offends our sense of justice to allow a defendant to bring allegations such as these where there has been such an unjustified delay in filing the motion and especially where the persons who possibly could have refuted the allegations have long since died or have otherwise become unavailable to testify.
AFFIRMED.
WENTWORTH and BARFIELD, JJ., concur.
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Citator
Cited By (14 total)
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Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)…nt majority notes conflict are worthy of serious consideration by our Supreme Court. Both Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988), and Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991), rely upon this court’s opinion in Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984), for the proposition that a defendant seeking to set aside a no contest or guilty plea must show the existence of a viable defense. The trial and appellate courts of this state are literally barraged with post-conviction motions…
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Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991)…in a claim of ineffective assistance of counsel in connection with either a nolo contendere or guilty plea, a complaining defendant must show that he, in fact, had a viable defense. Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988); Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984). Appellant fails to make such a showing and, therefore, we find that [*1343] the trial court properly denied appellant’s motion for post-conviction relief based on his claim of ineffective assistance of counsel. Appellant also a…
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Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999)…sent majority notes conflict are worthy of serious consideration by our Supreme Court. Both Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988) and Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991) rely upon this court’s opinion in Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984) for the proposition that a defendant seeking to set aside a no contest or guilty plea must show the existence of a viable defense. The trial and appellate courts of this state are literally barraged with post-conviction motions a…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970)
- Buford v. Louie L. Wainwright, 428 So. 2d 1389 (Fla. 1983)
- Sinclair Ref. Co. v. Ada Smith, 248 So. 2d 677 (Fla. 1st DCA 1971)
- Holloway v. State, 432 So. 2d 649 (Fla. 1st DCA 1983)