SAMMY LEE COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the petitioner's voluntary guilty plea, entered with counsel, rendered his presence at a post-conviction relief hearing unnecessary.
The petitioner sought post-conviction relief, alleging ineffective counsel and error in not being present for a hearing where he claimed he was coerce…
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Sammy Lee Coleman appeals an order denying his petition for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The petitioner was represented by counsel at all critical stages below.
On appeal, the petitioner expresses dissatisfaction with the services of his counsel below but he alleges no particular basis for a conclusion that he was incompetently represented. See Sam v. State, Fla.App. 1964, 167 So.2d 258; Simpson v. State, Fla. App.1964, 164 So.2d 224.
The petitioner next asserts that his petition was sufficient to require his presence on hearing and that the failure to procure his attendance was error. He urges that he was physically tortured “by officers Graham and Hulton” and was threatened and coerced and mentally maltreated in an attempt to secure a statement of guilt, but there is neither allegation nor evidence in the record that any confession was made by or used against the petitioner.
It appears the petitioner entered a voluntary plea of guilty at a time when he was represented by counsel, and we conclude that there was no basis for requiring the petitioner’s appearance for Rule 1 hearing. State v. Weeks, Fla.1964, 166 So.2d 892; Sam v. State, Fla.App.1964, 167 So.2d 258; Wooten v. State, Fla.App.1964, 163 So.2d 305
Affirmed.
ALLEN, Acting C. J., and SHANNON and WHITE, IT., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Potts v. State, 242 So. 2d 729 (Fla. 2d DCA 1971)…la.App.1966, 183 So. 2d 869. In fact, such allegations of fact must be so strong as to show that such alleged incompetency of counsel made the trial a mockery or a farce. Plymale v. State, Fla.App.1966, 182 So. 2d 57; Coleman v. State, Fla.App.1965, 172 So. 2d 854; Smith v. State, Fla.App.1965, 175 So. 2d 243; Wade v. State, Fla.App.1965, 177 So. 2d 695; Crusoe v. State, Fla.App.1966, 183 So. 2d 600. The trial Court is not required to have an evidentiary hearing upon such petition for relief when the allegat…
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Ford v. State, 210 So. 2d 33 (Fla. 2d DCA 1968)…pleaded guilty to a lower degree of unlawful homicide which the State Attorney had agreed to. .Under such circumstances, the existence of such confession or confessions is not sufficient reason to relief under Rule 1. Coleman v. State, Fla.App.1965, 172 So. 2d 854; Weeks v. State, Fla.App.1967, 201 So. 2d 764. And, as stated in Hand v. State, Fla.App.1968, 208 So. 2d 307, released March 20, 1968, “ * * * he cannot properly be heard in this Court to complain that his plea of guilty in the trial Court was coerc…
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Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970)…ground that the accused was deprived of his constitutional right to effective assistance of counsel.” To the same effect see Sam v. State, Fla.App.1967, 167 So. 2d 258; Taylor v. State, Fla.App.1965, 171 So. 2d 402; Coleman v. State, Fla.App.1965, 172 So. 2d 854; Miles v. State, Fla.App.1965, 174 So. 2d 576; Wade v. State, Fla.App.1965, 177 So. 2d 695; Smith v. State, Fla.App.1965, 175 So. 2d 243. In the case sub judice, we hold that the allegations of the petition for post-conviction relief did not in any…
Previewing 3 of 5 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)
- Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
- Wooten v. State, 163 So. 2d 305 (Fla. 3d DCA 1964)
- Erwin v. Erwin, 167 So. 2d 258 (Fla. 2d DCA 1964)