DAVID EDWARD DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the record conclusively showed the guilty pleas were voluntarily made and not coerced.
Appellant pleaded guilty to second-degree murder after being indicted for first-degree murder. He claimed his guilty pleas were coerced by prior confe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Coerced Confession cases and more on FLexlaw
This is a consolidated appeal from an order summarily denying without an evi-dentiary hearing appellant’s motion for postconviction relief under Rule 1.850, F.R.Cr.P. 33 F.S.A.
Appellant was indicted for two offenses of murder in the first degree. He entered a plea of guilty to the lesser included offense of murder in the second degree in each instance. The only point relied on by appellant in his brief is the contention that the guilty pleas were coerced. The record conclusively shows that the pleas of guilty were voluntarily made. The court and the Assistant State’s Attorney asked extensive questions with respect to the voluntary nature of the pleas both at the time of the acceptance of the pleas on October 2, 1967, and again at the time of sentencing on October 11, 1967. At the time of sentencing, the appellant was given the opportunity to withdraw his previous plea of guilty but refused. He was represented by counsel at all stages of the proceedings and he expressly acknowledged his guilt after conferring with such counsel.
Appellant contends that he was wrongfully coerced into giving confessions to the first degree murder charges and that his pleas of guilty to second degree murder were made because of his belief that said confessions would be used to convict him of first degree murder. On October 2, 1967, the date of the entry of the guilty pleas, the appellant’s motions to suppress his confessions were pending. Appellant’s attorney had advised him that he would proceed with the motions to suppress and yet the appellant abandoned these motions.
The lower court correctly concluded that the record conclusively showed that the guilty pleas were entered voluntarily. Young v. State, Fla.App.1968, 216 So.2d 497; Moore v. State, Fla.App.1968, 216 So.2d 766; and Haywood v. State, Fla.App.1969, 218 So.2d 242.
Oral argument is dispensed with as serving no useful purpose pursuant to Rule 3.10(e) F.A.R., 32 F.S.A.
Affirmed.
MANN and McNULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hooper v. State, 232 So. 2d 257 (Fla. 2d DCA 1970)…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.1969, 220 So. 2d 32, and Haywood v. State, Fla.App.1969, 218 So. 2d 242. The order appealed is— Affirmed. HOBSON, C. J., and MANN, J., concur.…
-
Dawson v. Wainwright, 440 F.2d 1259 (5th Cir. 1971)…ently, Dawson moved for post-conviction relief under Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S. A. The motion was denied without an evidentiary hearing. The denial was affirmed by the Florida District Court of Appeals, Dawson v. State, 224 So. 2d 388 (1969), which held that “The record conclusively shows that the pleas of guilty were voluntarily made * * *. At the time of sentencing, the appellant was given the opportunity to withdraw his previous plea of guilty but refused.” Dawson then applie…
Authorities Cited
- Haywood v. State, 218 So. 2d 242 (Fla. 2d DCA 1969)
- Young v. State, 216 So. 2d 497 (Fla. 2d DCA 1968)
- Davis v. State, 216 So. 2d 766 (Fla. 3d DCA 1968)