RALPH MORRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of a Rule 3.850 motion for relief from guilty pleas, holding that the record conclusively demonstrated the voluntariness of the defendant's pleas without need for an evidentiary hearing.
A trial court need not hold an evidentiary hearing on a Rule 3.850 motion challenging the voluntariness of guilty pleas when the record conclusively demonstrates their voluntariness.
[1] When a trial court record conclusively demonstrates the voluntariness of guilty pleas through a full inquiry informing the defendant of his rights and the consequences of…
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Join FLexlaw to unlock all legal intelligenceMorris was charged by five informations in October 1970 with unlawful possession of narcotic drugs, possession of narcotic implements, and four counts…
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This is an appeal by the defendant below from an order denying his motion under Rule 3.850 CrPR, 33 F.S.A., for relief from five judgments of conviction entered on his pleas of guilty.
By five informations filed in October of 1970 the defendant was charged with unlawful possession of a narcotic drug and possession of narcotic implements, and four instances of breaking and entering a dwelling with intent to commit grand larceny, and grand larceny. The sentences entered were for imprisonment for a term of eight years, with the five sentences to run concurrently.
The basis of the subsequent motion for relief was a contention on the part of the defendant that his guilty pleas to said offenses were not voluntarily made. The motion was summarily denied. The appellant contends the court erred by not holding an evidentiary hearing thereon. On examination of the record we agree with the *297position taken by the state that the order denying the motion for relief was proper and should be affirmed. The court correctly concluded that the contention of the defendant that his guilty pleas were not voluntarily made was conclusively refuted by the record, wherein the voluntariness of the guilty pleas, which were entered in the several cases at one time was conclusively shown in the course of the full inquiry before the court during which the defendant was informed of his rights incident thereto, and of the possible consequences of pleading guilty, consistent with the requirements discussed in Garcia v. State, Fla.App.1969, 228 So.2d 300, opinion on rehearing.
Affirmed.