PHILLIP JOHN DONOVAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The court found the plea was voluntary despite the defendant's claim of maternal coercion, as the trial court had thoroughly questioned him about its voluntariness.
No, the guilty plea was voluntary. The trial court adequately questioned the defendant regarding the voluntariness of his plea and its consequences at the time it was entered.
“In the motion it was alleged that his plea of Guilty was not freely and voluntarily made, in that it was the result of coercion applied by his mother through threatening her self-destruction if he should be tried and receive a death sentence.”
This quote describes the core allegation made by the appellant in his motion to vacate his guilty plea.
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Join FLexlaw to unlock all legal intelligencePhillip John Donovan was indicted for first-degree murder, pleaded guilty, and was sentenced to life imprisonment. He later filed a motion to vacate t…
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The appellant Phillip John Donovan was indicted for the crime of murder in the first degree, on May 26, 1964, in Dade County. He pled guilty to the charge, and on July 29, 1964, was so adjudged and sentenced to imprisonment for life.
On April 29, 1969, the appellant filed a motion in the trial court under Rule 1.850 CrPR, 33 F.S.A. for relief from the judgment and sentence. In the motion it was alleged that his plea of Guilty was not freely and voluntarily made, in that it was the result of coercion applied by his mother through threatening her self-destruction if he should be tried and receive a death sentence. The record on appeal reveals that in the trial court at the time the plea was entered the appellant was questioned thoroughly concerning the voluntariness of his plea and was made aware of the possible consequences thereof. On the applicable 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.
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Elkins v. Elkins, 249 So. 2d 443 (Fla. 3d DCA 1971)…PER CURIAM. After remand of a prior appeal the trial court conducted additional hearings in this proceeding. See Elkins v. Elkins, Fla.App.1969, 228 So. 2d 105. An amended final judgment was rendered which increased the alimony award to the wife from $500 to $1,500 a month. In this appeal the husband complains that the trial judge committed an abuse of discretion in awarding this amount of alimony to the w…
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Angulo v. Angulo, 375 So. 2d 53 (Fla. 3d DCA 1979)…Sisson v. Sisson, 336 So. 2d 1129 (Fla. 1976); Ball v. Ball, 335 So. 2d 5 (Fla.1976); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Koeppel v. Koeppel, 351 So. 2d 766 (Fla. 3d DCA 1977); Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1977); Elkins v. Elkins, 228 So. 2d 105 (Fla. 3d DCA 1969).…
Authorities Cited
- Thomas v. State, 201 So. 2d 834 (Fla. 2d DCA 1967)
- Manning v. State, 176 So. 2d 380 (Fla. 3d DCA 1965)
- Richardson v. State, 202 So. 2d 137 (Fla. 3d DCA 1967)
- Williams v. State, 220 So. 2d 383 (Fla. 4th DCA 1969)
- Chisholm v. State, 220 So. 2d 383 (Fla. 3d DCA 1969)