DAVID KNOWLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHIVERS, Chief Judge.
The defendant, David Knowles, appeals the trial court’s denial of his motion to withdraw nolo contendere plea, arguing that the plea was based on misunderstanding, mistake, or misrepresentation regarding its consequences. We affirm, as the written plea agreement and the transcript of the plea hearing conclusively establish that the appellant fully understood the maximum authorized sentence at the time he entered his plea, that he was satisfied with the services of his attorney, that his attorney explained the plea completely before appellant signed the agreement, and that appellant was not coerced by his attorney into signing the agreement. Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986); Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982).
AFFIRMED.
SMITH and JO ANOS, JJ., concur.
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Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993)…a plea was involuntary or was based on a misunderstanding or mistake can be refuted by a written plea agreement or plea transcript which conclusively establishes the defendant’s understanding and that the plea was not coerced. See Knowles v. State, 582 So. 2d 167 (Fla. 1st DCA 1991); Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990). Montgomery made allegations that support his position that his plea was involuntary and unknowing. He claimed that his counsel promised him that he would serve only two or t…
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Bland v. State, 25 So. 3d 600 (Fla. 1st DCA 2009)…pellant’s claims, or to hold an evidentiary hearing. See Yeager v. State, 514 So. 2d 73 (Fla. 1st DCA 1987) (reversing a claim of an involuntary plea where the court failed to attach any record portions refuting the claim); compare Knowles v. State, 582 So. 2d 167 (Fla. 1st DCA 1991) (affirming where the attached plea agreement and colloquy refuted the claim of an involuntary plea). REVERSED AND REMANDED. KAHN, BENTON, and ROBERTS, JJ., concur.…
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Saba v. State, 677 So. 2d 41 (Fla. 5th DCA 1996)…ttached to the order of denial we would have simply affirmed. See Montgomery v. State, 615 So. 2d 226, 227 (Fla. 5th DCA 1993) (ineffective assistance/involuntary plea claim can be refuted by written plea agreement or transcripts); Knowles v. State, 582 So. 2d 167 (Fla. 1st DCA 1991); Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986). AFFIRMED WITHOUT PREJUDICE. DAUKSCH, GOSHORN and THOMPSON, JJ., concur.…
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- Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982)
- Hagans v. State, 492 So. 2d 753 (Fla. 1st DCA 1986)