WARREN W. BOHN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Warren Bohn appealed the summary denial of his motion to vacate a guilty plea and 25-year sentence for second-degree murder. The Third District Court of Appeal affirmed the denial, holding that Bohn's allegations were either refuted by the record or unsupported by sufficient evidence to warrant a hearing.
The court affirmed the summary denial, holding that grounds 1, 2, and 5 were clearly refuted by the record, and grounds 3 and 4 were unsupported by proper documentation and affidavits, rendering them insufficient to require a hearing.
[1] A trial court is not required to conduct a hearing on a motion to vacate judgment and sentence when the grounds asserted are legally insufficient or are contradicted by t…
[2] Allegations of errors in a presentence investigation report or police report, when raised in a motion to vacate, require supporting affidavits or attachments to the motio…
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Join FLexlaw to unlock all legal intelligence“The established law is that the trial court need not conduct a hearing on the merits when the grounds of the motion to vacate are totally insufficient or are refuted by the record after the required examination thereof.”
Establishes the legal standard for when summary denial of a motion to vacate is proper without a hearing.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBohn entered a negotiated guilty plea to second-degree murder and received a 25-year prison sentence. He subsequently filed a motion to vacate under F…
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PER CURIAM.
Defendant, Warren Bohn, appeals the summary denial of his motion to vacate judgment and sentence pursuant to Fla.R. Crim.P. 3.850.
In a negotiated guilty plea to second degree murder, Bohn received a prison sentence of 25 years. Subsequently, he filed the instant motion to vacate attacking his judgment and sentence on the following grounds: (1) the sentencing judge failed to find a factual basis to support the guilty plea; (2) he did not plead guilty; (3) the presentence investigation report contained errors in that it listed a prior felony when, in fact, there was no felony because he was a juvenile at the time of commission, thus this information was to be suppressed; (4) the police report contained fabrications and distortions; and (5) the court erred in declaring him partially indigent for costs when, in fact, he was totally indigent. The judge who sentenced Bohn also considered the motion to vacate and then summarily denied it for the reasons that the record affirmatively showed that Bohn pled freely and voluntarily with the aid and consultation of counsel and the evidence admitted at the guilty plea proceedings affirmatively showed that there was a basis in fact to support the plea of guilty. The judge further found that the motion to vacate was insufficient in substance to support the prayed for relief.
The established law is that the trial court need not conduct a hearing on the merits when the grounds of the motion to vacate are totally insufficient or are refuted by the record after the required examination thereof. State v. Weeks, 166 So. 2d 892 (Fla.1964); Maisonave v. State, 171 So. 2d 443 (Fla.3d DCA 1965).
Examining Bohn’s motion to vacate in light of the above principles of law, we find that grounds 1, 2 and 5 are clearly refuted by the record. Turning next to the remaining grounds 3 and 4, we note that these allegations are unsupported as the reports are not attached to the motion and there are no affidavits of anyone who read the reports to the effect that they are erroneous or distorted. See Stringer v. State, 246 So. 2d 136 (Fla. 4th DCA 1971). In addition, a reading of the transcript of the sentencing hearing reflects that the judge was aware that Bohn had no previous convictions, and there was no mention of any prior convictions. Last, the same judge who adjudicated Bohn guilty and imposed sentence upon him denied the subject motion to vacate, and implicit in the denial was the fact that any errors in the presen-tence report and/or in the police report did not influence him when he imposed the sentence upon Bohn. Cf. Iacovetti v. United States, 534 F. 2d 1189, 1191 (5th Cir. 1976).
Affirmed.
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Middleton v. State, 465 So. 2d 1218 (Fla. 1985)…ifferent result, but this court, having imposed the sentence in this case, finds that even if all the matters now presented by Defendant had been presented during the penalty phase, this court would have imposed the same sentence. See Bohn v. State, 354 So. 2d 1233 (Fla. 3d DCA 1978). The claim is thus without merit. Although waived by counsel at the hearing in this cause, one other claim of ineffectiveness has been raised, a claim that counsel was ineffective for not raising claims at the suppression hearing…1 / 2
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Simmons v. State, 421 So. 2d 1119 (Fla. 3d DCA 1982)…eks review of a summary denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850. We agree with the trial court’s determination that the allegations of the motion are legally insufficient to support the relief sought. Bohn v. State, 354 So. 2d 1233, 1234 (Fla.3d DCA 1978), and cases cited. Affirmed.…
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Pitts v. State, 365 So. 2d 1080 (Fla. 3d DCA 1979)…rm. The record proper clearly refutes the allegations of the motion and, therefore, the order appealed should be affirmed. See: Davis v. State, 277 So. 2d 790 (Fla. 3d DCA 1973); Williams v. State, 296 So. 2d 578 (Fla. 1st DCA 1974); Bohn v. State, 354 So. 2d 1233 (Fla. 3d DCA 1978). Affirmed.…
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)
- Lucious Stringer v. State, 246 So. 2d 136 (Fla. 4th DCA 1971)
- Maisonave v. State, 171 So. 2d 443 (Fla. 3d DCA 1965)
- Iacovetti v. United States, 534 F.2d 1189 (5th Cir. 1976)