JAHNARD BONAMY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-04-06
No. 20-0149
Recksiedler, J., Wallis, J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

Allegations of coercion in a guilty plea are conclusively refuted by the plea colloquy and written plea agreement, and no evidentiary hearing is required.


Headnotes

[1] Allegations of coercion in a guilty plea that are conclusively refuted by the plea colloquy and written plea agreement do not require an evidentiary hearing.

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Key Quotes

“The coercion alleged after sentencing is refuted by the transcript and the written plea agreement. An evidentiary hearing was unnecessary.”

Citation to Rivera v. State, 984 So. 2d 574, 574 (Fla. 5th DCA 2008)

Facts & Procedural History

Bonamy appealed from a circuit court decision, alleging coercion in connection with his guilty plea.…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JAHNARD BONAMY,

Appellant,

v. Case No. 5D20-149

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April 6, 2021

Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.

Matthew J. Metz, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

2

AFFIRMED. See Johnson v. State, 22 So. 3d 840, 845 (Fla. 1st DCA 2009) ("These statements in the plea colloquy and plea agreement conclusively refuted Johnson's broad allegation that she was coerced by someone, possibly her attorney, into entering the plea."); Rivera v. State, 984 So. 2d 574, 574 (Fla. 5th DCA 2008) ("The coercion alleged after sentencing is refuted by the transcript and the written plea agreement. An evidentiary hearing was unnecessary."); Wallace v. State, 939 So. 2d 1123, 1126 (Fla. 3d DCA 2006) ("Because the allegations of coercion and ineffective assistance of counsel are conclusively refuted by the record, there is no need to hold an evidentiary hearing.").

WALLIS, EDWARDS and EISNAUGLE, JJ., concur.


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