MICHAEL JEWEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael Jewel appeals the trial court’s summary denial of his pro se motion to withdraw plea, made after sentencing. We agree with the state that a summary denial was appropriate based on the transcript of the plea colloquy, which conclusively refuted the defendant’s coercion claim. In this situation, where the transcript of the plea colloquy conclusively refutes the claim, there is no point in appointing conflict-free counsel or holding an evidentiary hearing. See Williams v. State, 919 So. 2d 645, 646 (Fla. 4th DCA 2006). This court’s decision in Kelly v. State, 925 So. 2d 383 (Fla. 4th DCA 2006), is distinguishable because there the motion to withdraw plea was made before sentencing.
The state properly confesses that defendant’s written sentence must be conformed to the court’s oral pronouncement.
Affirmed, but Remanded to correct sentence.
WARNER, GROSS and TAYLOR, JJ., concur.
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Citator
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Johnson v. State, 22 So. 3d 840 (Fla. 1st DCA 2009)…” Id. (citations omitted); see also Wallace v. State, 939 So. 2d 1123, 1124-25 (Fla. 3d DCA 2006) (finding a motion to withdraw was properly denied as its grounds were refuted by, among other things, admissions in the plea colloquy); Jewel v. State, 954 So. 2d 757, 758 (Fla. 4th DCA 2007) (stating “where the transcript of a plea colloquy conclusively refutes the claim, there is no point in appointing conflict-free counsel or holding an evidentiary hearing”). Here, the allegation of coercion was refuted by Joh…
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Tyquan Pearson v. State (Fla. 4th DCA 2020)
Authorities Cited
- Braddy Williams v. State, 919 So. 2d 645 (Fla. 4th DCA 2006)
- Kelly v. State, 925 So. 2d 383 (Fla. 4th DCA 2006)