LAWRENCE MCELVANE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Lawrence McElvane appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The First District Court of Appeal affirmed the denial, holding that McElvane's signed plea form—which indicated he freely and voluntarily negotiated a sentence and was satisfied with his attorney—supported the trial court's dismissal of his post-conviction claims.
The court affirmed the trial court's denial of the post-conviction relief motion, holding that the signed plea form—which demonstrated that McElvane was informed of his rights, knew the maximum penalty, knowingly waived jury trial, and pled freely and voluntarily—supported the denial.
[1] A signed plea agreement form, which indicates the defendant voluntarily negotiated a sentence, gave up the right to trial, and understood the case, may support the denial…
[2] A written plea agreement alone is insufficient to determine whether a defendant voluntarily pled guilty for purposes of postconviction relief.
Previewing 2 of 3 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“he freely and voluntarily negotiated a sentence of 6½ years, (2) that he gave up his right to trial by pleading guilty, and (3) that he and his attorney further discussed the case and he fully understands the case and is satisfied with the services of his attorney”
The contents of the plea form that McElvane signed, which established the basis for affirming the denial of post-conviction relief
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcElvane pleaded guilty to theft and burglary charges and signed a form titled "plea of guilty and negotiated sentence" in which he acknowledged that …
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SHIVERS, Chief Judge.
Appellant appeals from the trial court’s denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
Appellant pled guilty to theft and burglary charges and signed a form entitled “plea of guilty and negotiated sentence” indicating, inter alia, (1) that he freely and voluntarily negotiated a sentence of 6½ years, (2) that he gave up his right to trial by pleading guilty, and (3) that he and his attorney further discussed the case and he fully understands the case and is satisfied with the services of his attorney.
Appellant filed a motion for post conviction relief which the court denied for the reason that he signed this form. The court attached this form to its order. We affirm on the authority of Oatsvall v. State, 444 So. 2d 560 (Fla. 1st DCA 1984) where this court affirmed the trial court’s denial of a 3.850 motion and attached to its order a waiver and consent form showing that the appellant “was informed of his rights, knew the maximum penalty, knowingly waived the jury trial, and pled freely and voluntarily.” Id. at 561.
We note a different result may have been reached by the Second District in light of its opinion in Davis v. State, 468 So. 2d 443 (Fla. 2d DCA 1985) in which it reversed and remanded the trial court’s denial of a 3.850 motion where the trial court had denied the motion stating that all the grounds in the motion were moot due to the attached, written plea agreement. The Second District held that “[t]he written plea agreement, if voluntarily entered, would support the trial court’s denial of defendant’s motion. However, we cannot determine from the written plea agreement alone whether defendant voluntarily pled guilty.” Id. at 443.
AFFIRMED.
ERVIN and NIMMONS, JJ., concur.
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Chantay A. Cobb v. State, 582 So. 2d 81 (Fla. 1st DCA 1991)…to either attach those portions of the files and records which conclusively show Cobb is not entitled to relief, or to order the State Attorney to file an answer and thereafter determine whether an evidentia-ry hearing is required. Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989). REVERSED and REMANDED. JOANOS and ZEHMER, JJ., concur.…
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Wannamaker v. State, 593 So. 2d 564 (Fla. 1st DCA 1992)…ay not be summarily denied because of “legal insufficiency” on its face, a copy of the portion of the record “which conclusively shows that the prisoner is entitled to no relief” must be attached to the trial court’s order. See also Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989). We find that it was error for the lower court to deny the appellant’s 3.850 motion, and reverse and remand for the trial court to either attach those portions of the record which conclusively show the appellant to be entitled to…
Authorities Cited
- Davis v. State, 468 So. 2d 443 (Fla. 2d DCA 1985)
- Taylor v. State, 444 So. 2d 560 (Fla. 1st DCA 1984)
- Oatsvall v. State, 444 So. 2d 560 (Fla. 1st DCA 1984)