DWAYNE D. HAGANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Hagans appealed the denial of his post-conviction relief motion challenging his guilty plea for armed robbery and attempted second-degree murder. The court affirmed the denial, finding that Hagans' sworn testimony at the plea hearing established the plea was voluntary and his counsel was effective.
The court affirmed the denial of the post-conviction motion. The sentencing guidelines issue was properly denied as previously decided on direct appeal. The allegations of a coerced plea and ineffective assistance of counsel were conclusively refuted by the record, including Hagans' sworn testimony under oath at the plea hearing expressing satisfaction with counsel and stating his plea was motivated solely by the strength of evidence against him.
[1] A claim that a trial court abused its discretion in exceeding sentencing guidelines cannot be raised in a motion for post-conviction relief if the issue was already prese…
[2] A defendant's sworn testimony at a plea hearing, stating that the plea was not coerced and that counsel was effective, can conclusively refute claims of a coerced plea an…
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Join FLexlaw to unlock all legal intelligence“the trial court placed Hagans under oath and proceeded to make detailed inquiries of him as to whether he understood its nature and consequences”
Establishes that the trial court conducted a thorough colloquy to ensure the plea was knowing and voluntary
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Join FLexlaw to unlock all legal intelligenceIn February 1984, Hagans pled guilty to armed robbery and attempted second-degree murder after the trial court conducted detailed inquiries under oath…
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MILLS, Judge.
Hagans appeals from the denial of his motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850. We affirm.
In February 1984, Hagans pled guilty to one count each of armed robbery and attempted second degree murder. At the time of the plea, the trial court placed Hagans under oath and proceeded to make detailed inquiries of him as to whether he understood its nature and consequences. Hagans was also asked if he had been coerced to enter the plea; he responded in the negative, and indicated that the reason for his plea was the strong evidence against him. The court inquired as well as to Hagans’ satisfaction with his counsel, and asked if there was anything counsel had failed to do. Hagans indicated his satisfaction with his attorney, stating twice that “he (the attorney) did a nice job.”
The court found the plea voluntarily entered and, in March 1984, adjudicated Ha-gans guilty. He was sentenced outside of the guidelines to two concurrent twelve-year terms. Hagans appealed, arguing that the trial court failed to provide clear and convincing reasons for the departure. The sentence was affirmed by this court without opinion in Hagans v. State, 459 So. 2d 1043 (Fla. 1st DCA 1984).
The instant 3.850 motion was filed in July 1985, alleging ineffective assistance of counsel, that the guilty plea had been unlawfully induced and that the trial court had abused its discretion in exceeding the sentencing guidelines. The trial court denied the motion by form order on the grounds that Hagans was relitigating issues already presented on direct appeal, that the record showed he was entitled to no relief and that his factual allegations lacked the requisite specificity. Attached to the order were transcripts of the plea and sentencing proceedings wherein Ha-gans expressed satisfaction with his counsel and testified that his plea was motivated only by the strength of the evidence against him.
The motion was properly denied with regard to the sentencing guidelines issue because it had already been raised and determined on direct appeal. See Adams v. State, 484 So. 2d 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 record of a document signed by the defendant which averred that his plea was not the result of coercion and that he was satisfied with his attorney’s services. Thomas at 1142. In this case, Hagans testified under oath that his plea was not coerced and that his counsel had done a good job. Such sworn testimony is in our view the equivalent of the signed documents relied on in Thomas.
Affirmed.
WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990)…er. A plea form signed by a Defendant stating that his plea was freely and voluntarily entered and that he was pleased with his attorney defeats any later claims based on an involuntary plea and/or ineffective assistance of counsel. Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986). [*535] We affirm the trial court’s denial of the ineffective assistance claims raised in grounds 1, 2, and 3, and of the coercion claim raised in ground 5. This court has held on numerous occasions that claims of either ineffect…1 / 2
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Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)…in the transcript of a sentencing hearing, or by written statements to the contrary contained in a negotiated plea. See Rackley v. State, 571 So. 2d 533, 535 (Fla. 1st DCA 1990); Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987); Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986). Similarly, allegations that counsel failed to inform the defendant regarding his eligibility for various types of gain-time are insufficient to warrant post-conviction relief, absent a further allegation that counsel affirmative…
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R.C. Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987)…the motion as it relates to grounds one through six, and grounds eight and nine. The attached transcript of the plea hearing shows that the plea was voluntarily given and that appellant was satisfied with his attorney’s performance. Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986); Seymour v. State, 359 So. 2d 61 (Fla. 3d DCA 1978). Moreover, because the plea bargain was one for the prosecutor’s recommendation of a certain sentence, and the transcript shows that the prosecutor fulfilled the agreement by ma…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adams v. State, 484 So. 2d 1216 (Fla. 1986)
- Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982)