TIM MCLEOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-10-22
No. 96-3897
STONE, C.J., and WARNER and SHAHOOD, JJ., concur.
700 So. 2d 458 Florida District Court of Appeal, Fourth District (1997) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse an order denying Appellant’s motion for post-conviction relief and request to withdraw his plea, on allegations that the plea was coerced. Appellant’s claims are not refuted by the record. Therefore, we remand for an evidentiary hearing as to whether the plea was coerced and, therefore, involuntary.

We have considered and reject the state’s assertion that the motion is an improper successive motion. Although Appellant did file a separate motion requesting a correction of gain time, that was essentially a motion to correct a sentence. The allegations here are substantially different and distinct.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Reid v. State, 799 So. 2d 394 (Fla. 4th DCA 2001)
    …cord, made in fair response to the comments made by appellant’s counsel during trial, or constituted harmless error. See Pino v. State, 776 So. 2d 1081 (Fla. 3d DCA 2001); Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997); see also Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997); Craig v. State, 510 So. 2d 857 (Fla.1987). In his fourth point, appellant contends that the guilty verdicts on Counts I and II, attempted second degree murder of Windes and Woods, are inconsistent with the verdict of not g…
  • Johnson v. State, 801 So. 2d 141 (Fla. 4th DCA 2001)
    …7 So. 2d 474, 475 (Fla. 5th DCA 1999). Nevertheless, prosecutorial comments are not improper where, incident to evaluating a witness’ credibility, jurors are told to ask themselves what motive the officer would have to deceive them. Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997). In Reyes, this court held that such [*143] a comment was not improper. We concluded that the comment did not constitute an expression of personal opinion as to the credibility of the witness. Furthermore, we distinguished t…
  • Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001)
    …efense counsel as “the mercenary actions of a hired gun”). We note the prosecutor stated the jury should rely on its own recollection of Detective Pallin’s testimony, and in no way indulged in improperly bolstering his testimony. See Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997) (finding no improper bolstering where prosecutor asked the jury to evaluate the witness’ credibility, and told the jurors to ask themselves what motive the officer would have to deceive them); see also Bertolotti v. State, 4…

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