RICHARD DAVY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1978-02-07
Nos. 77-963 and 77-964
DOWNEY, J., and BURNSTEIN, Associate Judge, concur.
356 So. 2d 18 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 4 cases
Topics
Motion For Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a denial of a hearing sought under Fla.R.Crim.P. 3.850. Appellant has alleged he was induced to enter his pleas by his court appointed attorney with the assurances that he would receive no greater sentence than two concurrent life sentences and that he “would more than likely pull no more than five years.” Appellant had been charged with robbery and murder in the first degree. He pleaded to murder two and robbery and was sentenced to two consecutive life sentences and has probably come to understand since he reached prison that his chances of serving more than five years are quite assured.

Because appellant has barely alleged improper inducements, we must remand this matter for hearing under Fla.R.Crim.P. 3.850. Cooley v. State, Fla.App., 245 So. 2d 679.

Reversed and remanded.

DOWNEY, J., and BURNSTEIN, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)
    …cerning the sentence to be imposed, the waiver is involuntary and the attendant conviction must be set aside. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Griffith v. Wyrick, 527 F. 2d 109 (8th Cir.1975); Davy v. State, 356 So. 2d 18 (Fla. 4th DCA 1978); Britt v. State, 352 So. 2d 148 (Fla. 2d DCA 1977). IV Finally, we consider whether Nova’s motion could have been properly denied by the trial court because Nova knew or should have known as of March 1976 of the ground now asse…
  • Rice v. State, 400 So. 2d 461 (Fla. 5th DCA 1980)
    …Fla.R.Crim.P. The allegation that the sentence violated the plea bargain and was thus so involuntary as to require the court to permit petitioner to withdraw his plea is facially sufficient. Brown v. State, 245 So. 2d 41 (Fla.1971); Davy v. State, 356 So. 2d 18 (Fla. 4th DCA 1978). Since the record before us does not conclusively show that appellant is entitled to no relief, we are compelled to reverse the order and remand the cause so that the trial judge may either attach to the order those portions of t…

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