DENNIS M. COOK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1988-09-13
No. 86-30
Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
533 So. 2d 1180 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

After a full and fair evidentiary hearing at which the defendant testified, as agreed, by affidavit, see Cook v. Florida Parole and Probation Comm’n, 749 F. 2d 678 (11th Cir.1985), the trial court denied Cook’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief from a 1972 rape conviction upon the findings that his plea of guilty was freely and voluntarily made and that it was taken in full compliance with the requirements of law. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Fla.R. Crim.P. 3.172. Since the testimony at the hearing fully supports these determinations, the order below is

AFFIRMED.

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Cited By

  • Sandoval v. State, 541 So. 2d 1361 (Fla. 2d DCA 1989)
    …519 So. 2d 611 (Fla.1988). As with appellant’s codefendants, we, therefore, affirm the conviction for trafficking in cocaine, vacate appellant’s sentence and remand to the trial court for resentencing within the guidelines range. Restrepo v. State, 533 So. 2d 1180 (Fla. 2d DCA 1988); Sanchez v. State, 533 So. 2d 1190 (Fla. 2d DCA 1988). Conviction affirmed, sentence vacated and remanded with instructions. PARKER and ALTENBERND, JJ., concur.…
  • Montoya v. State, 537 So. 2d 629 (Fla. 2d DCA 1988)
    …rs prescribed by section 893.135(1)(b)(3), Florida Statutes (1987), based on the quantity of narcotics involved. This has been held, however, to be an improper reason to [*630] depart. Atwaters v. State, 519 So. 2d 611 (Fla.1988); Restrepo v. State, 533 So. 2d 1180 (Fla. 2d DCA 1988). Accordingly, we affirm Montoya’s conviction but remand to the trial court for resentencing within the recommended guidelines range with the sentence to be no less than that required by section 893.135(1)(b)(3). THREADGILL and P…
  • Usquiano v. State, 540 So. 2d 172 (Fla. 2d DCA 1989)
    …convicted in trafficking in 4½% of that amount. The trial court thus clearly departed because of the greater amount of narcotics involved in the crime. This is improper under Atwaters v. State, 519 So. 2d 611 (Fla.1988). See also Restrepo v. State, 533 So. 2d 1180 (Fla. 2d DCA 1988). We therefore vacate the appellant’s sentence and remand to the trial court for resentencing within the guidelines range. LEHAN and PARKER, JJ., concur.…

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