Dixon v. State, s. 71--63
| Decision Date | 28 September 1971 |
| Docket Number | Nos. 71--63,71--72,s. 71--63 |
| Parties | Matthew Lee DIXON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Norman Francis Haft, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and William L. Rogers, Legal Intern, for appellee.
Before SWANN C.J., and PEARSON and BARKDULL, JJ.
The appellant seeks review of an order summarily denying his petition filed pursuant to Rule 1.850 CrPR, 33 F.S.A.
The appellant was charged with the crime of murder in the first degree on January 10, 1967, to which he pleaded not guilty on February 16, 1967. The cause came on for trial, at which the appellant in person and with counsel withdrew his plea of not guilty and pleaded guilty on May 24, 1967. He was questioned by both the trial judge and the prosecuting attorney concerning the circumstances of his plea and the possible consequences thereof. 1 He was incarcerated from January 16, 1967 to August 10, 1967 when he was adjudicated guilty and sentenced to life in prison. On December 10, 1970, the appellant filed a motion to vacate pursuant to Rule 1.850 CrPR, alleging he was under the influence of drugs at the time of pleading guilty to such an extent that his faculties were impaired so as to make said plea involuntary. The trial court, after examination of the motion and court file, entered the order appealed.
Both counsel have called to our attention the following cases; Coates v. United States, 1959, 106 U.S.App.D.C. 389, 273 F.2d 514; Hansford v. United States, 1966, 124 U.S.App.D.C. 387, 365 F.2d 920; Manley v. United States, 5th Cir. 1968, 396 F.2d 699. We have examined these authorities and, on the basis of the record before this court, we do not find them applicable. An examination of the record also discloses no basis to disturb the trial court's ruling, in light of the failure of the record to disclose any facts that would indicate the appellant was under the influence of drugs at the time of his plea. United States v. Sprenz, 6th Cir. 1962, 304 F.2d 525; Tucker v. United States, 6th Cir. 1970, 423 F.2d 655. We would also be remiss if we did not point out that the petitioner did not complain to the trial court of the use of drugs between the date of his plea and the date sentence was entered, nor did he avail himself of the Rule 1 petition until some three and one-half years after his plea in a case in which he was facing a capital sentence. In this connection, attention is called to Pait v. State, Fla.App.1966, 188 So.2d 15; Plymale v. State, Fla.App.1967, 201 So.2d 85; Jackson v. State, Fla.App.1968, 215 So.2d 784; Goodall v. State, Fla.App.1970, 232 So.2d 263; Ersek v. State, Fla.App.1970, 238 So.2d 481; ...
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Thomas v. State, 80-1539
...degree murder in 1973. The record indicates that this issue was specifically raised when the plea was entered. Compare, Dixon v. State, 252 So.2d 594 (Fla. 3d DCA 1971). The transcript of the colloquy, however, is internally contradictory on several key issues. On at least two occasions, Th......
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Miller v. State, 77-1929
...PER CURIAM. Affirmed. Pait v. State, 188 So.2d 15 (Fla. 3d DCA 1966); Ersek v. State, 238 So.2d 481 (Fla. 3d DCA 1970); Dixon v. State, 252 So.2d 594 (Fla. 3d DCA 1971); McCrae v. State, 313 So.2d 429 (Fla. 3d DCA 1975); Robinson v. State, 321 So.2d 121 (Fla. 3d DCA 1975); Crespo v. State, ......
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Onnestad v. State, 81-71
...due to the use of drugs may vitiate the knowing and intelligent aspect of a plea and render the plea involuntary. See Dixon v. State, 252 So.2d 594 (Fla. 3d DCA 1971). In addition, appellant submits that a motion to withdraw a guilty plea prior to imposition of sentence should be liberally ......
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Jefferson v. State, 72--368
...Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Affirmed. See Steinhauser v. State, Fla.App.2d 1969, 228 So.2d 446; Dixon v. State, Fla.App.3d 1971, 252 So.2d 594. PIERCE, C.J., and LILES and MANN, JJ., ...