RAUL CRESPO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's pleas were valid and that ineffective assistance of counsel is not a ground for post-judgment relief under Rule 3.850.
The defendant pleaded nolo contendere to multiple charges of uttering worthless checks and was sentenced consecutively. He later filed a motion to vac…
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PER CURIAM.
Defendant, Crespo, appeals from a summary denial of his motion to vacate sentence pursuant to Rule 3.850, Fla.R.Crim.P., on the grounds that (1) his pleas of nolo contendere and guilty were invalid and (2) he was denied effective assistance of counsel.
The defendant pled nolo contendere to nine informations, all charging him with uttering worthless checks. He was adjudicated guilty and sentenced to five years on the first conviction, five years on the next three convictions, each to run consecutively, and five years on each of the remaining seven convictions, each sentence to run consecutively.
Examination of the entire record conclusively establishes that the defendant’s pleas were voluntarily, knowingly and intelligently entered by him, thus precluding relief or an evidentiary hearing under Fla.R.Crim.P. 3.850. State v. Weeks, 166 So. 2d 892 (Fla.1964): Whitlow v. State, 256 So. 2d 48 (Fla.2d DCA 1971).
Defendant’s remaining point urges that he be granted relief because of the alleged incompetence of his privately retained counsel. This argument is not a ground for post-judgment relief. See Dickenson v. State, 261 So. 2d 561 (Fla.3d DCA 1972), and cases cited thereunder. Affirmed.
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Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)…mer v. State, 366 So. 2d 1271 (Fla. 4th DCA), cert. denied, 378 So. 2d 344 (Fla.1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978), cert. denied, 373 So. 2d 460 (Fla.1979); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976); Belsky v. State, 231 So. 2d 256 (Fla. 3d DCA 1970); Brown v. State, 223 So. 2d 337 (Fla. 3d DCA), cert. denied, 229 So. 2d 866 (Fla.1969), cert. denied, 397 U.S. 969, 90 S.Ct. 1…
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Vagner v. Louie L. Wainwright, 398 So. 2d 448 (Fla. 1981)…appeals from denials of post-conviction relief. Farmer v. State, 366 So. 2d 1271 (Fla. 4th DCA), cert. denied, 378 So. 2d 344 (Fla.1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978), cert. denied, 373 So. 2d 460 (Fla.1979); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Staples v. State, 298 So. 2d 545 (Fla. 2d DCA 1974); State v. Pinto, 273 So. 2d 408 (Fla. 3d DCA), cert. dismissed, 283 So. 2d 367 (Fla.1973); Humphries v. State, 232 So. 2d 23 (Fla. 1st DCA), cert. denied, 237 So. 2d 752 (Fla.19…
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State v. Garmise, 382 So. 2d 769 (Fla. 3d DCA 1980)…citing with approval Everett v. State, 161 So. 2d 714 (Fla. 3d DCA 1964); Farmer v. State, 366 So. 2d 1271 (Fla. 4th DCA 1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976); Belsky v. State, 231 So. 2d 256 (Fla. 3d DCA 1970); Brown v. State, 223 So. 2d 337 (Fla. 3d DCA 1969); Frizzell v. State, 213 So. 2d 293 (Fla. 2d DCA 1968); Ford v. State, 210 S…
Previewing 3 of 8 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)
- Alton Glenn Dickenson v. State, 261 So. 2d 561 (Fla. 3d DCA 1972)
- Whitlow v. State, 256 So. 2d 48 (Fla. 2d DCA 1971)