BENJAMIN CHISHOLM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly denied the motion to vacate the guilty plea because the record refuted the allegations and showed the appellant understood the plea's consequences.
Appellant sought to vacate his guilty plea, alleging his court-appointed counsel improperly induced it. The trial court denied the motion, finding the…
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The appellant, Benjamin Chisholm, appeals from the summary denial by the court of his motion to vacate, pursuant to Fla.R. Crim.P. 1.850, 33 F.S.A.
He alleged that he was improperly induced and pursuaded by his court appointed counsel to plead guilty to the charge of rape. The record on appeal reveals that the appellant was questioned thoroughly and at length concerning the voluntariness of his plea of guilty at the time of its entry and the trial judge, in the order denying the motion to vacate, found that the record before him refuted the allegations contained in the motion and that the appellant was fully aware of all the circumstances and consequences of entering the plea of guilty. We agree.
The order herein appealed is affirmed upon the authority of State v. Weeks, Fla. 1964, 166 So.2d 892; Lee v. State, Fla.App. 1967, 204 So.2d 245; Richardson v. State, Fla.App. 1967, 202 So.2d 137; and Thomas v. State, Fla.App.1967, 201 So.2d 834. Accord, Moore v. Wainwright, 401 F.2d 525 (5th Cir.1968); Plaster v. United States, 381 F.2d 578 (5th Cir.1967).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)…owingly and affirmatively mislead the Court, he cannot raise it later; and the Court can summarily deny 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 con…
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Hooper v. State, 232 So. 2d 257 (Fla. 2d DCA 1970)…ses. Our recent opinion in Steinhauser v. State, Fla.App.1969, 228 So. 2d 446, is in point on practically identical facts. See also our opinion in Manning v. State, Fla.App., 203 So. 2d 360, the 3rd District cases of Chisholm v. State, Fla.App. 220 So. 2d 383 and Richardson v. State, Fla.App., 202 So. 2d 137, and the 4th District case of Lee v. State, Fla.App., 204 So. 2d 245, all cited in Steinhauser. Other late cases are Dawson v. State, Fla.App.1969, 224 So. 2d 388, Frizzell v. State, Fla.App.196…
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Donovan v. State, 228 So. 2d 105 (Fla. 3d DCA 1969)…e law the trial judge was eminently correct in denying the motion. See Manning v. State, Fla.App.1965, 176 So. 2d 380; Thomas v. State, Fla.App.1967, 201 So. 2d 834; Richardson v. State, Fla.App.1967, 202 So. 2d 137; Chisholm v. State, Fla.App.1969, 220 So. 2d 383. Affirmed.…
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)
- Thomas v. State, 201 So. 2d 834 (Fla. 2d DCA 1967)
- LEE v. State, 204 So. 2d 245 (Fla. 4th DCA 1967)
- Plaster v. United States, 381 F.2d 578 (5th Cir. 1967)
- Richardson v. State, 202 So. 2d 137 (Fla. 3d DCA 1967)
- Rayfield Moore v. Louie L. Wainwright, 401 F.2d 525 (5th Cir. 1968)