GEORGE EDWARD ARMSTRONG, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1965-10-26
No. 65-175
Before HENDRY, C. J., and TILLMAN PEARSON and BARKDULL, JJ.
179 So. 2d 400 Florida District Court of Appeal, Third District (1965)

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Synopsis

The appellate court affirmed the denial of a motion for post-conviction relief, finding that the appellant's claim of coerced confession was refuted by the trial record.


Holding

No, the trial court did not err in denying the motion without an evidentiary hearing because the record clearly refutes the appellant's claim of a coerced confession.


Key Quotes

“The substance of appellant's motion in the trial court was that he had been forced to confess by physical abuse from police .officers.”

This quote describes the core allegation made by the appellant in his motion for post-conviction relief.

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Facts & Procedural History

The appellant pleaded guilty to rape and was sentenced to life imprisonment. He later filed a motion for relief, alleging he was physically abused by …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was sentenced on May 21, 1957, to life imprisonment upon his plea of guilty to a charge of rape. His motion for relief pursuant to Criminal Procedure Rule I, F.S.A. ch. 924 Appendix was denied without evidentiary hearing on February 12, 1965. This appeal is from that order.

The substance of appellant’s motion in the trial court was that he had been forced to confess by physical abuse from police .officers.

The record reveals that appellant, with aid of counsel, plead not guilty at arraignment, and that when the case was called for trial, upon advice of counsel, he changed his plea to “guilty”. Thereupon, the trial judge interrogated the appellant regarding the consequence of his plea. Appellant stipulated that he had freely and voluntarily confessed to the crime. The defendant’s motion is fully refuted by the record, and it was properly denied by the trial judge. Thompson v. State, Fla.App.1965, 176 So.2d 564; see also Conner v. State, Fla.1958, 106 So.2d 416.

Affirmed.


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