CARVIN CLAYTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Clayton appealed his felony conviction under Florida Statute § 398.03 as a second offender, but the Third District Court of Appeal affirmed because his guilty plea was knowing and voluntary, and contentions about evidence presented at trial were not appealable after a guilty plea conviction.
The court held that Clayton's guilty plea was knowing and voluntary and that contentions about evidence are not appealable following a guilty plea conviction. The record showed no objection to counsel or request for continuance, thus no reversible error occurred.
“The adjudication of guilt was entered on the plea of guilty and not on evidence presented at a trial on the merits.”
Establishes that guilty plea convictions are not subject to appellate review based on evidentiary challenges
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Join FLexlaw to unlock all legal intelligenceClayton was charged with felonies under § 398.03, Fla.Stat. as a second offender. He was arraigned, pleaded not guilty, and was represented by public …
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The appellant was informed against, charged with certain felonies in violation of § 398.03, Fla.Stat., F.S.A., as a second offender. He was arraigned and pleaded not guilty. He was represented by the public defender. At the outset of the trial, prior to presentation of evidence by the state, the defendant, with benefit of advice of counsel, withdrew the not guilty plea and pleaded guilty. Thereupon, after certain testimony was presented to the court, the defendant was adjudged guilty and was sentenced. Subsequently he was adjudged insolvent and filed this appeal in proper person.
We have considered the contentions presented by the appellant in the light of the record and briefs and find them to be without merit. Appellant’s contentions relating to evidence which came before the court furnishes no basis for reversal. The judgment based on his plea of guilty was not appealable as to such matters. The adjudication of guilt was entered on the plea of guiltjr and not on evidence presented at a trial on the merits. Gibson v. State, Fla.App.1965, 173 So.2d 766, 767, 768; Perez v. State, Fla.App.1963, 151 So.2d 865, 866; State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252. The record fully discloses the proceedings at the time the plea of guilty was entered, and it sufficiently appears that the guilty plea was knowingly and voluntarily made. The contention of the appellant that he was not properly represented by counsel in the proceedings referred to above is without support on the record, which shows no objection made by the defendant to his counsel or request for other counsel or for continuance. See Cole v. State, Fla.App.1965, 172 So.2d 607.
No reversible error having been made to appear, the judgments appealed from are affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bankston v. State, 279 So. 2d 326 (Fla. 2d DCA 1973)…h tended to refute his defense. The record on appeal does not reveal that appellant objected to being represented by counsel, or requested other counsel or a continuance; Cole v. State, Fla.App.1965, 172 So. 2d 607; Clayton v. State, Fla.App. 1966, 188 So. 2d 395. Success is not the measure of counsel’s effectiveness, and mere errors of judgment as disclosed by subsequent events are not sufficient to establish ineffective assistance of counsel; United States v. Hammonds, 1970, 138 U.S.App.D.C. 166, 425 F. 2…
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Weeks v. State, 201 So. 2d 764 (Fla. 3d DCA 1967)…involuntary because he had previously confessed does not furnish a basis for relief under the present motion. See Taylor v. State, Fla.App. 1964, 169 So. 2d 861; Thompson v. State, Fla.App. 1965, 176 So. 2d 564, 567; Clayton v. State, Fla. App.1966, 188 So. 2d 395; Brown v. State, Fla.App.1966, 190 So. 2d 405. The order appealed from is affirmed.…
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Ramey v. State, 199 So. 2d 104 (Fla. 2d DCA 1967)…: “ * * * a judgment entered on a plea of guilty ordinarily cannot be reviewed by appeal. State ex rel. Baggs v. Frederick, 1936, 124 Fla. 290, 168 So. 252; Perez v. State, Fla.App.1963, 151 So. 2d 865.” The case of Clayton v. State, Fla.App.1966, 188 So. 2d 395, text 396, also a 3rd District Court case, is likewise cited, but it merely follows Gibson. In the Gibson case, from which the above quotation was taken, Gibson at first entered plea of not guilty to a charge of first degree murder, later entering…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Frederick, 124 Fla. 290 (Fla. 1936)
- Gibson v. State, 173 So. 2d 766 (Fla. 3d DCA 1965)
- Cole v. State, 172 So. 2d 607 (Fla. 3d DCA 1965)
- Perez v. State, 151 So. 2d 865 (Fla. 3d DCA 1963)