Runyon v. State, BA-315
Decision Date | 10 December 1984 |
Docket Number | No. BA-315,BA-315 |
Citation | 460 So.2d 494 |
Parties | William RUNYON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
William Runyon, pro se., for appellant.
No appearance for appellee.
Appellant appeals the trial court's denial of his RCrP 3.850 motion for post-conviction relief. In his motion, appellant alleged that his conviction was obtained by a coerced plea and that he was denied effective assistance of counsel. The trial court denied appellant's motion, attaching a copy of the transcript of the plea and sentencing hearing to its order. We affirm.
First, the transcript of the plea hearing attached to the trial court's order affirmatively refutes appellant's allegation that his plea of guilty was coerced. This transcript shows that appellant's plea was entered voluntarily and intelligently. In particular, this transcript shows that appellant stated that no one had threatened, coerced, or intimidated him in any way in order to get him to plead guilty. See generally Frazier v. State, 447 So.2d 959 (Fla. 1st DCA 1984); Rogers v. State, 362 So.2d 1031 (Fla. 3d DCA 1978).
Next, we find that appellant failed to demonstrate that defense counsel's advice to plead guilty was "outside the wide range of professionally competent assistance." Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 2066, 80 L.Ed.2d 674 (1984). A decision to plead guilty is a tactical one, State v. Pinto, 273 So.2d 408, 411 (Fla. 3d DCA), cert. dismissed, 283 So.2d 367 (Fla.1973), and in light of the charge that was not filed against appellant in exchange for appellant's plea, we do not find the decision to plead guilty in this case to be unreasonable. See Strickland, supra, 104 S.Ct. at 2066.
Accordingly, the order on appeal is AFFIRMED.
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Vega v. State, 96-3083.
...With regard to the issue of competency of counsel, we deem the decision to enter a plea to be patently tactical. See Runyon v. State, 460 So.2d 494 (Fla. 1st DCA 1984). The record reflects that this was an old case made more difficult to resolve because the defendant scored much higher on t......
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Young v. State, 96-2755
...JJ. PER CURIAM. Affirmed. Stano v. State, 520 So.2d 278 (Fla.1988); Dean v. State, 580 So.2d 808 (Fla. 3d DCA 1991); Runyon v. State, 460 So.2d 494 (Fla. 1st DCA 1984). ...
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Marshall v. State, 87-2207
...Atty. Gen., for appellee. Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ. PER CURIAM. Affirmed. See Runyon v. State, 460 So.2d 494 (Fla. 1st DCA 1984); State v. Pinto, 273 So.2d 408 (Fla. 3d DCA 1973); Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ...