JOHN JOSEPH BLAKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the petitioner's allegation of pleading guilty under a mistaken belief is not conclusively refuted by the record and warrants a hearing.
Petitioner sought collateral relief from a conviction for aggravated assault, alleging he pleaded guilty mistakenly believing the plea was for an unre…
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Petitioner seeks review of an order denying his motion under Criminal Procedure Rule No. 1, F.S.A., Chapter 924, Appendix, to obtain collateral relief against his conviction and sentence for the crime of aggravated assault.
After having heard oral argument, and reviewed the motion and accompanying record, we find petitioner’s allegation that he plead guilty to the charge of aggravated assault while under the mistaken belief that his plea was directed to another unrelated offense only, is not conclusively refuted by the record. Since petitioner is presently serving sentence based on his conviction in the aggravated assault case and subsequent parole violation, it is our view that he should be afforded a hearing and an opportunity to present evidence in support of his allegation that he improvidently and in ignorance pleaded guilty to that charge. See State v. Weeks, Fla.1964, 166 So.2d 892; Dickens v. State, Fla.App.1964, 165 So.2d 811.
A plea of guilty should be voluntary and not made in ignorance or by virtue of inadvertence. Inasmuch as no attempt to withdraw the plea was made in the case-at bar, the record would not support an appeal endeavoring to raise the question o 1 improvident plea, LaRocca v. State, Fla.App.1963, 151 So.2d 64, and the issue is, therefore properly raised in this proceedings The petitioner’s other allegations have been carefully examined and found to be without merit.
Reversed and remanded.
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Reddick v. State, 190 So. 2d 340 (Fla. 2d DCA 1966)…1940, 140 Fla. 671, 192 So. 795; Rubenstein v. State, Fla.1951, 50 So. 2d 708; Asbey v. State, Fla.App.1958, 102 So. 2d 407; Hill v. State, Fla.App.1959, 110 So. 2d 464; Roberts v. State, Fla.App.1962, 142 So. 2d 152; Blake v. State, Fla.App. 1965, 171 So. 2d 207. And even a slight undue motivation will invalidate such a plea; it must be “without semblance” of ■such influence. Clay v. State, 1921, 82 Fla. 83, 89 So. 353; Casey v. State, 1934, 116 Fla. 3, 156 So. 282; Nickels v. State, 1923, 86 Fla. 208, 98 S…
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Enos v. State, 272 So. 2d 847 (Fla. 4th DCA 1973)…the inquiry by the trial court of defendant concerning her plea of nolo contendere was thorough and searching, and certainly adequate to determine whether the plea was voluntarily, knowingly and intelligently entered.” Blake v. State, Fla.App.1965, 171 So. 2d 207, and LaRocca v. State, Fla.App.1963, 151 So. 2d 64, require the motion but they were decided prior to Boykin v. Alabama, supra, which is the major and fundamental authority on the requirements to establish a guilty plea. There was no motion to withd…
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Bartz v. State, 221 So. 2d 7 (Fla. 2d DCA 1969)…140 Fla. 671, 192 So. 795; Rubenstein v. State, Fla. 1951, 50 So. 2d 708; Asbey v. State, Fla.App.1958, 102 So. 2d 407; Hill v. State, Fla.App.1959, 110 So. 2d 464; Rob [*9] erts v. State, Fla.App.1962, 142 So. 2d 152; Blake v. State, Fla.App.1965, 171 So. 2d 207. And even a slight undue motivation will invalidate such a plea; it must be ‘without semblance’ of such influence. Clay v. State, 1921, 82 Fla. 83, 89 So. 353; Casey v. State, 1934, 116 Fla. 3, 156 So. 282; Nickels v. State, 1923, 86 Fla. 208, 98 So…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Weeks, 166 So. 2d 892 (Fla. 1964)
- la Rocca v. State, 151 So. 2d 64 (Fla. 2d DCA 1963)
- Dickens v. State, 165 So. 2d 811 (Fla. 2d DCA 1964)