RICHARD CLAYTON BRAGG, APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
Explore caselaw by topic → Browse Competent Counsel cases and more on FLexlaw
In February 1964, appellant was charged with breaking and entering with intent to commit a felony. He entered a plea of not guilty and was tried by a jury. He was convicted and sentenced to five years imprisonment. In 1970 appellant filed a writ of habeas corpus in this court alleging he was denied a right of appeal. This court appointed Circuit Judge Archie M. Odom to take testimony and make a finding of fact regarding the denial of appellant’s right to appeal.
Judge Odom found that appellant had not been informed of his right of appeal and upon this recommendation this court granted appellant a full appeal. Appellant’s only point is that he was represented by incompetent counsel at his trial. A review of the record reveals that he was represented by Mr. Ed Weaver, Jr. Mr. Weaver conducted a full and skillful cross-examination and generally conducted the trial in a knowing manner. The record fails to show that the trial was a mockery or a farce; but to the contrary, the case was well tried.
For these reasons the point on appeal is not meritorious and we therefore affirm.
HOBSON and McNULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Golden v. State, 509 So. 2d 1149 (Fla. 1st DCA 1987)…on her body. We agree with appellant that the skimpy facts shown on the record may not support a charge of first degree sexual battery.2 A guilty plea, however, if voluntary, is conclusive as to the defendant’s guilt of the charge. Stovall v. State, 252 So. 2d 376 (Fla. 4th DCA 1971). Although appellant also argues that his plea was involuntary, he predicates this issue on grounds which do not obviate his waiver of the sufficiency of the statement of facts presented at sentencing. To the extent that appellant…
-
Montville Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003)…lement of the crime, was more than 25 pounds. By pleading guilty as charged, Labadie admitted all of the facts alleged in the information, which included the weight of the cannabis. See Vernold v. State, 376 So. 2d 1166 (Fla.1979); Stovall v. State, 252 So. 2d 376, 378 (Fla. 4th DCA 1971). [*335] Labadie has cited many federal cases in his appeal. After reviewing them, we find none applicable to this case. AFFIRMED. SAWAYA and PLEUS, JJ., concur. . §§ 893.135(1)(a)1 and (5), Fla. Stat. (2000). . § 893.135…
-
Enos v. State, 272 So. 2d 847 (Fla. 4th DCA 1973)…2d 539; Kelly v. State, Fla.App.1971, 254 So. 2d 22; Anderson v. State, Fla.App. 1971, 245 So. 2d 90. There are several cases which seem to indicate a contra view and which may deserve some analysis. There is dicta in Stovall v. State, Fla.App.1971, 252 So. 2d 376, which seems to indicate that a motion to withdraw must be filed before the matter can be considered on regular appeal. However, the court went on, regardless, to determine and adjudicate the merits as follows : “It is readily seen that the inquiry…1 / 2
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence