WILLIAM RUNYON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly denied the appellant's motion for post-conviction relief because the record refuted his claims of a coerced plea and ineffective assistance of counsel.
Appellant sought post-conviction relief, alleging a coerced plea and ineffective counsel. The trial court denied the motion, attaching the plea hearin…
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SHIVERS, Judge.
Appellant appeals the trial court’s denial of his RCrP 3.850 motion for post-conviction relief. In his motion, appellant alleged that his conviction was obtained by a coerced plea and that he was denied effective assistance of counsel. The trial court denied appellant’s motion, attaching a copy of the transcript of the plea and sentencing hearing to its order. We affirm.
First, the transcript of the plea hearing attached to the trial court’s order affirmatively refutes appellant’s allegation that his plea of guilty was coerced. This transcript shows that appellant’s plea was entered voluntarily and intelligently. In particular, this transcript shows that appellant stated that no one had threatened, coerced, or intimidated him in any way in order to get him to plead guilty. See generally Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984); Rogers v. State, 362 So. 2d 1031 (Fla. 3d DCA 1978).
Next, we find that appellant failed to demonstrate that defense counsel’s advice to plead guilty was “outside the wide range of professionally competent assistance.” Strickland v. Washington, — U.S. —, 104 S.Ct. 2052, 2066, 80 L.Ed.2d 674 (1984). A decision to plead guilty is a tactical one, State v. Pinto, 273 So. 2d 408, 411 (Fla. 3d DCA), cert. dismissed, 283 So. 2d 367 (Fla.1973), and in light of the charge that was not filed against appellant in exchange for appellant’s plea, we do not find the decision to plead guilty in this case to be unreasonable. See Strickland, supra, 104 S.Ct. at 2066.
Accordingly, the order on appeal is AFFIRMED.
MILLS and WENTWORTH, JJ., concur.
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Solomon David Roberts v. State, 483 So. 2d 504 (Fla. 3d DCA 1986)…rt having considered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. Smith v. State, 445 So. 2d 323 (Fla.1983); Runyon v. State, 460 So. 2d 494 (Fla. 1st DCA 1984); Whitchard v. State, 459 So. 2d 439 (Fla. 3d DCA 1984); Rosemond v. State, 433 So. 2d 635 (Fla. 1st DCA 1983); Snow v. State, 399 So. 2d 466 (Fla. 2d DCA 1981); Beck v. Wainwright, 381 So. 2d 1124 (Fla. 1st DCA 1979). Affirmed.…
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Marshall v. State, 514 So. 2d 3 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. See Runyon v. State, 460 So. 2d 494 (Fla. 1st DCA 1984); State v. Pinto, 273 So. 2d 408 (Fla. 3d DCA 1973); Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).…
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Young v. State, 684 So. 2d 345 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Stano v. State, 520 So. 2d 278 (Fla.1988); Dean v. State, 580 So. 2d 808 (Fla. 3d DCA 1991); Runyon v. State, 460 So. 2d 494 (Fla. 1st DCA 1984).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984)
- State v. Pinto, 273 So. 2d 408 (Fla. 3d DCA 1973)
- Pinto v. State, 283 So. 2d 367 (Fla. 1973)
- Wilson v. Nationwide Mut. Ins. Co., 283 So. 2d 367 (Fla. 1973)
- Donnie Rogers v. State, 362 So. 2d 1031 (Fla. 3d DCA 1978)