LEROY M. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A coerced guilty plea claim is not sustained when the defendant pleads guilty based on attorney advice, absent incompetence or prosecution misconduct.
Appellant sought to vacate a judgment and sentence, alleging a coerced guilty plea. He claimed his attorney advised him to plead guilty due to a stron…
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The appellant has taken an appeal from a summary denial of his motion to vacate judgment and sentence under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.
It is alleged that the appellant entered a coerced plea of guilty and is therefore entitled to relief under Jones v. State, Fla.App.1964, 165 So.2d 191. The appellant states that he did not want to plead guilty, hut did so upon the advice of his attorney, because his attorney informed him that the prosecution had “an airtight case” with 12 witnesses, including the defendant’s children, testifying against him. There are no allegations or evidence to the effect that the defendant’s attorney was incompetent, or to the effect that the prosecution played any part in the circumstances surrounding this plea of guilty. The appellant never moved to withdraw his plea of guilty and did not object to it in any manner until this proceeding. Viewing the allegations in a light most favorable to the appellant, it can only be said, at worst, that upon being advised by his attorney, the appellant may not have pursued the best possible course of action. The record does not even support this in*246ference. The contention that this was a coerced plea of guilty cannot be sustained.
Other questions raised by the appellant do not merit discussion. See Brown v. State, Fla.App.1964, 164 So.2d 34; Gammage v. State, Fla.App.1964, 162 So.2d 529; and Everett v. State, Fla.App.1964, 161 So.2d 714.
Affirmed.
SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.
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Dean v. State, 580 So. 2d 808 (Fla. 3d DCA 1991)…ea hearing.1 In the defendant’s final claim, he alleges that his public defender pressured him into a plea of guilty and the court backed it up with an intimidating threat, i.e., defendant entered an involuntary plea of guilty. In Thomas v. State, 172 So. 2d 245 (Fla. 2d DCA 1965) the court held the contention that the defendant did not wish to plead guilty but did so on the advice of his attorney was insufficient to show a coerced plea of guilty as grounds for vacating his judgment and sentence. The defend…
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Jackson v. State, 179 So. 2d 864 (Fla. 1st DCA 1965)…PER CURIAM. Affirmed. See Wilder v. State, 156 So. 2d 395 (Fla.App.1963), Kirkland v. State, 165 So. 2d 774 (Fla.App.1964), Thomas v. State, 172 So. 2d 245 (Fla.App.1965), and Paul v. State, 177 So. 2d 537 (Fla.App.1965). RAWLS, C. J., and CARROLL, DONALD K., and JOHNSON, JJ., concur.…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Everett v. State, 161 So. 2d 714 (Fla. 3d DCA 1964)
- Bruce Hinson Gammage and Larry v. Gysin, 162 So. 2d 529 (Fla. 3d DCA 1964)
- Jones v. State, 165 So. 2d 191 (Fla. 2d DCA 1964)
- Brown v. State, 164 So. 2d 34 (Fla. 2d DCA 1964)