BERTRAM P. OCE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BERTRAM P. OCE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
891 So. 2d 1195
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The appellant appeals the denial of his motion to withdraw his plea on the grounds that it was involuntary. We affirm the denial of his motion without an evidentiary hearing where the record conclusively refutes the appellant’s claims that his plea was involuntary. See Heggan v. State, 745 So. 2d 1066 (Fla. 3d DCA 1999); Jones v. State, 643 So. 2d 1150 (Fla. 3d DCA 1994); Bell v. State, 637 So. 2d 941 (Fla. 2d DCA 1994).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Gutierrez, 10 So. 3d 158 (Fla. 3d DCA 2009)…with other defendants. See Swett, 772 So. 2d at 52. Moreover, the trial court, pursuant to the plea agreement, did not have discretion over defendant’s sentence and, therefore, should have denied defendant’s motion to mitigate. See Arango v. State, 891 So. 2d 1195, 1196 (Fla. 3d DCA 2005) (concluding that denial of a motion for extension of time to file a motion to mitigate was proper because the motion to mitigate would have been futile where the plea agreement imposed upon defendant a specific sentence and…
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State v. LaFAVE, 113 So. 3d 31 (Fla. 2d DCA 2012)…that circuit courts lack discretion to modify sentences previously imposed pursuant to plea agreements. See State v. Howell, 59 So. 3d 301, 302 (Fla. 5th DCA 2011); State v. Gutierrez, 10 So. 3d 158,159 (Fla. 3d DCA 2009); see also Arango v. State, 891 So. 2d 1195, 1196 (Fla. 3d DCA 2005) (on motion for rehearing) (denying certiorari “[s]ince the plea bargain ... did not give the trial court any discretion over the length of the sentence” and, therefore, the court was “without the discretion to reduce the agr…
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State v. Kevrick M. Hall, JR. (Fla. 2d DCA 2022)…eversing and remanding for resentencing under the terms of the negotiated plea agreement because "the trial court . . . did not have discretion over defendant's sentence and . . . should have denied defendant's motion to mitigate"); Arango v. State, 891 So. 2d 1195, 1196 (Fla. 3d DCA 2005) (concluding that the trial court's denial of a motion for extension of time to file a motion to mitigate was proper because the motion to mitigate would have been futile as the defendant's plea agreement involved a specific…
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- Heggan v. State, 745 So. 2d 1066 (Fla. 3d DCA 1999)
- Jones v. State, 643 So. 2d 1150 (Fla. 3d DCA 1994)
- Bell v. State, 637 So. 2d 941 (Fla. 2d DCA 1994)