Thornton v. State
| Decision Date | 10 January 1978 |
| Docket Number | No. 76-2337,76-2337 |
| Citation | Thornton v. State, 354 So.2d 892 (Fla. App. 1978) |
| Parties | Jimmie Lee THORNTON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Kurt Marmar, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C. J., and NATHAN and KEHOE, JJ.
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...
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State v. Charles Richard Taylor, 85-LW-4481
... ... counsel must be such that the plea itself is rendered ... unknowing and involuntary before relief can be granted. See, ... Akridge V. Hopper (1977, 5th Cir.), 545 F 2d 457; ... Buckley v. Warden, Connecticut Institution (1979), ... 177 Conn. 538; Thornton v. State (1978, Fla. App. D ... 3), 354 So. 2d 892; People v. Peters (1976), 397 ... Mich ... DEPRIVED APPELLANT OF HIS RIGHT TO EFFECTIVE ASSISTANCE OF ... COUNSEL ... ASSIGNMENT ... OF ERROR NO. V ... TRIAL COUNSEL'S FAILURE TO FILE MOTIONS TO ... ...
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Jacas v. State
...359 (Fla.1985); Allen v. State, 515 So.2d 256 (Fla. 1st DCA 1987); State v. Oliver, 368 So.2d 1331 (Fla. 3d DCA 1979); Thornton v. State, 354 So.2d 892 (Fla. 3d DCA 1978); Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 ...
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Mintlow v. State, 79-1578
...1st DCA 1975); Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977); Jackson v. State, 353 So.2d 940 (Fla. 3d DCA 1978); Thornton v. State, 354 So.2d 892 (Fla. 3d DCA 1978); Pitts v. State, 355 So.2d 505 (Fla. 1st DCA ...
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Cochran v. State, 83-243
...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) ...