JERRY MITCHELL LAWRENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Lawrence appealed the summary denial of his Rule 3.850 postconviction motion, claiming his guilty plea was induced by his attorney's promise that his sentence would be concurrent when it was actually imposed as consecutive. The court affirmed the summary denial, finding the record conclusively showed Lawrence was entitled to no relief despite establishing a legally sufficient challenge theory.
Although Lawrence made a legally sufficient postconviction challenge to the voluntariness of his plea based on the alleged broken promise, the record conclusively shows he is entitled to no relief, and summary denial was proper.
[1] A legally sufficient postconviction challenge to the voluntariness of a guilty plea is made by alleging the plea was induced by an attorney's promise that the imposed sen…
[2] Statements on the record showing a defendant understood the consequences of his plea and voluntarily pleaded guilty do not conclusively show he is entitled to no relief i…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By alleging his guilty plea was induced by his attorney's promise that the sentence imposed would be concurrent rather than consecutive when in fact the sentence was consecutive, Lawrence makes a legally sufficient postconviction challenge to the voluntariness of his plea.”
Establishes that Lawrence stated a valid legal theory for postconviction relief based on misrepresentation regarding sentence concurrency.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLawrence pleaded guilty to burglary of a structure pursuant to a plea bargain. At sentencing, Lawrence's attorney stated the plea was made with the un…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Direct Consequences Of A Plea cases and more on FLexlaw
MILLS, Judge.
Lawrence appeals from an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm.
By alleging his guilty plea was induced by his attorney’s promise that the sentence imposed would be concurrent rather than consecutive when in fact the sentence was consecutive, Lawrence makes a legally sufficient postconviction challenge to the voluntariness of his plea. Holman v. State, 326 So. 2d 50 (Fla. 2d DCA 1976). But after reviewing the portions of the plea and sentencing transcript attached to the order, we find the record conclusively shows Lawrence is entitled to no relief.
Pursuant to a plea bargain, Lawrence withdrew his plea of not guilty to burglary of a structure and pleaded guilty. Lawrence’s attorney announced at the sentencing hearing that the plea was with the understanding that the maximum sentence imposed would be five years and that the plea would effect a complete disposition of all pending charges. The State concurred. The trial court sentenced Lawrence to five years imprisonment, the sentence to run consecutive to any other sentence being served.
Lawrence cites three cases for the proposition that a defendant’s statements on the record showing he understood the consequences of his plea and voluntarily pleaded guilty do not conclusively show he is entitled to no relief. Costello v. State, 260 So. 2d 198 (Fla.1972); Brown v. State, 245 So. 2d 41 (Fla.1971); Young v. State, 453 So. 2d 1388 (Fla. 1st DCA 1984).
In Costello, the defendant denied on the record that he had been promised a life sentence in exchange for a guilty plea to first degree murder. Nevertheless, the defendant’s assertion by way of postconviction motion, together with his trial counsel’s affidavit that he had indicated to Costello that he would not receive the death penalty, required Costello be allowed to withdraw his guilty plea. In Costello, however, an evidentiary hearing had already been conducted at the trial level. The issue presented in the case before us is therefore different from the issue in Costello.
Brown and Young are distinguishable because in both those cases misunderstanding and mutual mistake could be inferred from the record. No such inference is possible here.
Lawrence’s other contentions are without merit.
AFFIRMED.
SHIVERS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. State, 245 So. 2d 41 (Fla. 1971)
- Costello v. State, 260 So. 2d 198 (Fla. 1972)
- Young v. State, 453 So. 2d 1388 (Fla. 1st DCA 1984)
- Holman v. State, 326 So. 2d 50 (Fla. 2d DCA 1976)