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Chisholm v. State

District Court of Appeal of Florida, Third District
Mar 18, 1969
220 So. 2d 383 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-652.

March 18, 1969.

Appeal from the Circuit Court, Dade County, Gene Williams, J.

Robert L. Koeppel, Public Defender, and Daniel A. Kavanaugh, Sp. Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.


The appellant, Benjamin Chisholm, appeals from the summary denial by the court of his motion to vacate, pursuant to Fla.R. Crim.P. 1.850, 33 F.S.A.

He alleged that he was improperly induced and pursuaded by his court appointed counsel to plead guilty to the charge of rape. The record on appeal reveals that the appellant was questioned thoroughly and at length concerning the voluntariness of his plea of guilty at the time of its entry and the trial judge, in the order denying the motion to vacate, found that the record before him refuted the allegations contained in the motion and that the appellant was fully aware of all the circumstances and consequences of entering the plea of guilty. We agree.

The order herein appealed is affirmed upon the authority of State v. Weeks, Fla. 1964, 166 So.2d 892; Lee v. State, Fla.App. 1967, 204 So.2d 245; Richardson v. State, Fla.App. 1967, 202 So.2d 137; and Thomas v. State, Fla.App. 1967, 201 So.2d 834. Accord, Moore v. Wainwright, 401 F.2d 525 (5th Cir. 1968); Plaster v. United States, 381 F.2d 578 (5th Cir. 1967).

Affirmed.


Summaries of

Chisholm v. State

District Court of Appeal of Florida, Third District
Mar 18, 1969
220 So. 2d 383 (Fla. Dist. Ct. App. 1969)
Case details for

Chisholm v. State

Case Details

Full title:BENJAMIN CHISHOLM, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 18, 1969

Citations

220 So. 2d 383 (Fla. Dist. Ct. App. 1969)

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