Williams v. State, 64-582

• Decision Date: 04 May 1965
• Docket Number: No. 64-582,64-582
• Citation: 174 So.2d 775
• Parties: Herman WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 775

174 So.2d 775

Herman WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

No. 64-582.

District Court of Appeal of Florida, Third District.

May 4, 1965.

Engel & Pollack, Miami, for appellant.

Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.

Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.

PER CURIAM.

This is another appeal as a result of a denial of the petition filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The trial judge in this cause conducted an extensive hearing, receiving testimony on behalf of the appellant and the State and, following such hearing, rendered the following order which is here under review:

[CAPTION OMITTED]

'This cause having come on to be heard upon the defendant's motion to vacate the conviction, judgment and sentence, and the Court, after having reviewed the records in the above-styled cause, at a hearing had on the said motion, at which hearing testimony was offered on behalf of the defendant and on behalf of the State, the Court finds as follows:

'1. That the allegations of the defendant that the State Attorney had made certain promises to the defendant upon which the defendant relied as an inducement to enter his guilty plea was withdrawn.

'2. The Court having heard the testimony on all matters presented by the petitioner, the Court finds that the movant has not established any deprivation of any constitutional rights or grounds to vacate the conviction, judgment and sentence.

'3. That the movant testified in his own behalf that neither the arrest, the detainment in jail, the time involved between filing the warrant and the preliminary hearing influenced him to enter his plea of guilty, but rather, he pled guilty after receiving information secured by the defendant's own lawyer. There was no testimony that the defendant confessed during the period of his incarceration from the time of arrest until he entered his plea.

'4. That the defendant was represented by competent counsel, experienced in the area of criminal law, both as a prosecutor as well as a defender of persons accused of crime.

'5. The defendant further testified that the lawyer volunteered to take an appeal but did not. The Court, however, finds this incredible, as the defendant also testified that the same lawyer, the same day allegedly tricked the defendant into pleading guilty. The lawyer representing the defendant at the time of the guilty plea denied offering to take an appeal.

'THEREFORE, IT IS CONSIDERED, ORDERED AND ADJUDGED:

'1. That no testimony was offered by the defendant, nor do the records reveal any evidence which would warrant the vacating, setting aside of the conviction, judgment and sentence.

'2. That the defendant's motion to vacate the conviction, judgment and sentence be and the same is hereby denied.

'3. That the defendant is remanded to the custody of the Sheriff of Dade County, Florida and is subject to the original judgment and sentence as heretofore entered in the cause.

'4. That the Sheriff of Dade County...