EDWARD MICHAEL GOULD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, J.
Defendant Edward Gould appeals the summary denial of his Rule 3.850 motion. We affirm the trial court’s denial of defendant’s ineffective assistance claims because defendant fails to allege that he had a viable defense to the charges against him. See Grosvenor v. State, 816 So. 2d 822 (Fla. 5th DCA 2002); Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002). However, we reverse as to defendant’s claim that his plea was involuntary. Defendant alleges that his plea was involuntary, because his counsel promised him that he would only be sentenced to five years, but nonetheless told him that he should tell the court that no promises were made. Defendant alleges that he would not have entered his plea, but for counsel’s promise. The plea transcript does not conclusively refute defendant’s claim. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Johnson v. State, 757 So. 2d 586 (Fla. 2d DCA 2000); Beagle v. State, 710 So. 2d 724 (Fla. 2d DCA 1998). Therefore, we reverse and remand for an evidentiary hearing on this claim.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
GRIFFIN and PALMER, JJ., concur.
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…on of probation, the trial court may impose any sentence that could have originally been imposed without violating the proscription against double jeopardy. § 948.06(1), Fla. Stat (2002); Lippman v. State, 633 So. 2d 1061 (Fla.1994); Brown v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002). Therefore, the trial court could order payment of the additional fees at the time Woods was sentenced for violating his probation provided the pertinent rule and statute governing awards of public defender fees were complied wit…
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Hoggs v. State, 857 So. 2d 358 (Fla. 5th DCA 2003)…venor v. State, 816 So. 2d 822 (Fla. 5th DCA), review granted, 826 So. 2d 992 (Fla.2002)(certifying conflict with Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000), and Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999); see also Gould v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002); Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002). AFFIRMED. SHARP, W. and TORPY, JJ., concur.…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Johnson v. State, 757 So. 2d 586 (Fla. 2d DCA 2000)
- Grosvenor v. State, 816 So. 2d 822 (Fla. 5th DCA 2002)
- Izeal Acker v. State, 804 So. 2d 599 (Fla. 1st DCA 2002)
- Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002)
- Wiley v. State, 710 So. 2d 724 (Fla. 1st DCA 1998)