JIMMIE LEE THORNTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Jimmie Lee Thornton appeals the denial of his motion to vacate a guilty plea conviction, alleging ineffective assistance of counsel based on claims that his appointed counsel misrepresented the sentencing range and failed to investigate. The Florida District Court of Appeal affirmed the trial court's summary denial, holding that the record conclusively showed no entitlement to relief.
The court held that the trial court properly denied the motion without a hearing because the record conclusively demonstrated that Thornton was not entitled to relief. Allegations that court-appointed counsel failed to investigate and advised a guilty plea are insufficient as a matter of law to support an ineffective assistance claim, particularly where the record shows the guilty plea was freely and voluntarily entered.
[1] A motion to vacate judgment and sentence may be summarily denied without a hearing if the record conclusively demonstrates the movant is not entitled to relief.
[2] Allegations that appointed counsel advised a defendant to plead guilty and failed to investigate are insufficient as a matter of law to support a claim of ineffective ass…
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Join FLexlaw to unlock all legal intelligence“Upon receipt of a motion to vacate judgment and sentence, the trial court must examine the record and if the record conclusively demonstrates that the movant is not entitled to relief, the motion may be denied without a hearing.”
Establishes the standard for summary denial of post-conviction motions without a hearing
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Join FLexlaw to unlock all legal intelligenceThornton entered a guilty plea and received a 13-year sentence. The trial record shows that both appointed counsel and the trial judge stated in open …
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PER CURIAM.
Defendant, Jimmie Lee Thornton, appeals the summary denial of his motion to vacate judgment and sentence on the ground of ineffective assistance of counsel in that (1) his appointed counsel allegedly told him that in exchange for his plea of guilty, the maximum sentence he would receive would be 10 years when, in fact, he received a sentence of 13 years, and (2) his counsel failed to adequately investigate the case.
Upon receipt of a motion to vacate judgment and sentence, the trial court must examine the record and if the record conclusively demonstrates that the movant is not entitled to relief, the motion may be denied without a hearing. State v. Weeks, 166 So. 2d 892 (Fla.1964); State v. Barton, 194 So. 2d 241 (Fla.1967); Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969). Further, allegations in a motion for post conviction relief that the court appointed counsel has not investigated the case and has advised defendant to plead guilty are insufficient as a matter of law to support the charge of ineffective assistance of counsel, particularly where the record shows the guilty plea was freely and voluntarily entered. Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966); Brumley, supra.
The record reflects that both appointed counsel and the trial judge in open court and in the presence of defendant stated that in exchange for his guilty plea, defendant would be sentenced to 13 years. The trial judge then questioned the defendant as to the voluntariness of his plea and at no time did the defendant question the 13 year sentence. The record further illustrates with respect to the issue of adequate investigation, that defense counsel invoked the standard rules of discovery and had an investigator appointed. Thus, the record conclusively demonstrates that defendant is not entitled to relief.
Affirmed.
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Cochran v. State, 427 So. 2d 1125 (Fla. 3d DCA 1983)…llant is entitled to no relief, the denial of his motion is affirmed. See Harvin v. State, 385 So. 2d 119 (Fla. 3d DCA 1980); Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979); Seymour v. State, 359 So. 2d 61 (Fla. 3d DCA 1978); Thornton v. State, 354 So. 2d 892 (Fla. 3d DCA 1978); Sec. 924.06(3), Fla. Stat. (1978); Rule 9.140(b) Fla.R.App.P.…
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Atkins v. State, 526 So. 2d 1055 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. See Wilkinson v. State, 504 So. 2d 29 (Fla. 2d DCA 1987); compare Thornton v. State, 354 So. 2d 892 (Fla. 3d DCA 1978).…
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Jones v. State, 366 So. 2d 1258 (Fla. 1st DCA 1979)…from not guilty of attempted murder to guilty of the lesser offense of aggravated battery. It also reflects that before accepting the plea, the trial court effectively complied with the provisions of Fla.R. Crim.P. 3.172. See also Thornton v. State, 354 So. 2d 892 (Fla.3d DCA 1978). We therefore conclude that the trial court’s order denying relief without a hearing is supported by the record showing conclusively that the appellant is entitled to no relief. AFFIRMED. McCORD, C. J., and ERVIN and MELVIN, JJ.…
Previewing 3 of 5 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)
- State v. Barton, 194 So. 2d 241 (Fla. 1967)
- Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
- Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)