LARRY C. GOODMAN
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-05-25
No. 16-5248
Borello, J., Wolf, J., Winokur, J., Jay, J.
Florida District Court of Appeal, First District (2018)

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Holding

A trial court may strike a pro se Rule 3.170(l) motion as a nullity when it contains only broad, general allegations of ineffective counsel without specific allegations of misadvice, affirmative misrepresentations, or coercion.


Headnotes

[1] A pro se Rule 3.170(l) motion containing only broad, general allegations of ineffective counsel, without specific allegations of misadvice, affirmative misrepresentations…

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Key Quotes

“a trial court may strike pro se rule 3.170(l) motion as a nullity unless the motion 'contains specific allegations that give rise to an adversarial relationship, such as misadvice, affirmative misrepresentations, or coercion that led to the entry of the plea'”

Standard for striking pro se Rule 3.170(l) motions, citing Sheppard v. State

Facts & Procedural History

Larry C. Goodman appealed the trial court's decision to strike his pro se Rule 3.170(l) motion. The motion contained broad, general allegations of ine…

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Opinion of the Court
Jay

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Nos. 1D16-5248

1D16-5249 (Consolidated for disposition) _____________________________

LARRY C. GOODMAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee. ___________________________

On appeal from the Circuit Court for Duval County. Mark Borello, Judge. May 25, 2018

PER CURIAM.

AFFIRMED. See Sheppard v. State, 17 So. 3d 275, 286-87 (Fla. 2009) (agreeing that a trial court may strike pro se rule 3.170(l) motion as a nullity unless the motion “contains specific allegations that give rise to an adversarial relationship, such as misadvice, affirmative misrepresentations, or coercion that led to the entry of the plea”); Echeverria v. State, 33 So. 3d 802, 804 (Fla. 1st DCA 2010) (holding that a defendant’s “broad, general allegations of ineffectiveness of his counsel do not indicate misadvice, coercion, or misrepresentation that would require a hearing under Sheppard.”).

WOLF, WINOKUR, and JAY, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Holly N. Simcox, Assistant Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.


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