JAMES WILLIAM ERVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's refusal to vacate a guilty plea and sentence. The defendant claimed his plea was coerced, but the court found no merit in his allegations after reviewing the record.
No, the trial court did not err in refusing to set aside the judgment and sentence. The appellate court found the defendant's claims to be without merit.
“Upon examination of the record on appeal, we find the charge to be without merit.”
This quote establishes the appellate court's conclusion after reviewing the evidence presented.
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Join FLexlaw to unlock all legal intelligenceThe defendant was charged with breaking and entering with intent to commit a felony. He pleaded guilty to the charge, and the court sentenced him to t…
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Defendant-appellant was charged by way of information with breaking and entering with the intent to commit a felony. Represented by the assistant public defender appellant waived the reading of the information and entered a plea of guilty to count one. Count two was nolle prossed by order of the court. Following a pre-sentence investigation, the trial judge sentenced the defendant to three years of hard labor. Subsequently, appellant filed this motion to vacate the judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix and represented again by the public defender, appellant has assigned as error the trial court’s refusal to set aside the judgment and conviction.
Appellant argues in his brief that improper influences, persuasion and promises were made on behalf of the state, and alleges further that the police coerced, threatened and applied pressure upon him, which prompted his plea of guilty. Upon examination of the record on appeal, we find the charge to be without merit.
The trial judge properly refused to set aside the judgment and sentence and the order is affirmed.
ALLEN, C. J., and SHANNON and LILES, JJ., concur.