JOHN MANNING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A voluntary guilty plea waives all non-jurisdictional and non-fundamental defects, including claims that the plea was induced by a promise of a lighter sentence from counsel.
Appellant pleaded guilty to breaking and entering after being charged with the offense. He later filed a motion for postconviction relief, asserting v…
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This is an appeal from an order denying without a hearing a motion for postconviction relief filed pursuant to Fla.R.Crim.P. 1, F.S.A. ch. 924 Appendix.
Appellant John Manning was charged with breaking and entering a building other than a dwelling house with intent to commit a felony. After originally pleading not guilty, he substituted a plea of guilty and was sentenced to a prison term of six months to five years. As grounds for his postconviction motion he asserted denial of pretrial benefit of counsel, failure to be informed of his right against self-incrimination, unfair trial and promise of a lighter sentence by his court-appointed counsel inducing him to plead guilty.
It is very well established that a voluntary plea of guilty waives all defects not jurisdictional or fundamental. Thomas v. State, Fla.App. 1967, 201 So.2d 834, 835; Hines v. State, Fla.App.1967, 195 So.2d 605, 606; Childs v. State, Fla.App.1966, 190 So.2d 605, 606. The fact that a plea of guilty is entered because of the defense *361attorney’s promise of a lighter sentence does not render such plea involuntary. Baker v. State, Fla.App.1966, 188 So.2d 346; Pitts v. State, Fla.App.1966, 181 So.2d 739, 740; Manning v. State, Fla.App.1965, 176 So.2d 380, 381. This is equally the law where the defense attorney is court-appointed. Pitts v. State, supra 181 So.2d at 740. A criminal defendant cannot be given the option of rejecting his uncoerced plea of guilty if his sentence fails to conform with his expectations.
Therefore, appellant’s plea of guilty must be considered voluntary. As such, it has the effect of waiving all defects alleged by appellant, none of which are jurisdictional or fundamental.
Accordingly, the order denying appellant’s motion must be and is affirmed.
Affirmed.
LILES, C. J., and PIERCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)…ny a collateral attack based on involuntariness of the plea in the face of such affirmative record. See, e.g., Chisholm v. State (Fla.App.3rd 1969), 220 So. 2d 383; Lee v. State (Fla.App.4th 1967), 204 So. 2d 245; Manning v. State (Fla.App.2d 1967), 203 So. 2d 360; and Richardson v. State (Fla.App.3d 1967), 202 So. 2d 137. We now consider the first point raised by the defendant, i.e., his alibi, which, he contends, is conclusive of his innocence. As we have pointed out above, the record affirmatively reflect…
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Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)…at a guilty plea is not to be held involuntary simply because the plea is entered on the advice of the defendant’s counsel and as a result of a promise by the defendant’s counsel of a lighter sentence. The state cites Manning v. State, Fla.App.1967, 203 So2d 360, and other cases standing for that proposition. We recognize the soundness of the ruling in Manning v. State, but the rule in that case has no application where, as here, the plea of guilty is allegedly not the result of the defendant’s lawyer’s adv…
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Granville v. State, 248 So. 2d 504 (Fla. 1st DCA 1971)…PER CURIAM. Affirmed on authority of. Manning v. State, 203 So. 2d 360 (Fla.App.1967), and Odie v. State, 241 So. 2d 184 (Fla.App.1970). CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 201 So. 2d 834 (Fla. 2d DCA 1967)
- Pitts v. State, 181 So. 2d 739 (Fla. 1st DCA 1966)
- Childs v. State, 190 So. 2d 605 (Fla. 3d DCA 1966)
- Manning v. State, 176 So. 2d 380 (Fla. 3d DCA 1965)
- Hines v. State, 195 So. 2d 605 (Fla. 2d DCA 1967)
- Baker v. State, 188 So. 2d 346 (Fla. 3d DCA 1966)
- Bass v. Bass, 188 So. 2d 346 (Fla. 2d DCA 1966)