Thomas v. State, 419 So. 2d 1141

MILLS, Judge.

In this appeal from the trial court‘s denial of his motion for post-conviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure, Thomas contends that his guilty plea was coerced and that he was denied effective assistance of counsel. We affirm.

The trial court properly denied Thomas’ 3.850 motion without hearing because the petition signed by Thomas states that “I declare that no officer of any branch of government (federal, state or local) has subjected me to any force, duress, threats, intimidation or pressure to compel or induce me to enter this plea.” Additionally, Thomas denied any coercion at the hearing. His claim of coercion is therefore refuted by the record. Loconte v. State, 382 So.2d 26 (Fla. 1st DCA 1979).

Thomas’ contention that he was denied effective assistance of counsel is refuted by the petition signed by him which declares that Thomas is satisfied with his attorney‘s services and that his plea was voluntarily and knowingly made.

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.

Case Details

Case Name: Thomas v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 23, 1982

Citations: 419 So. 2d 1141; AM-212

Docket Number: AM-212

Court Abbreviation: Fla. Dist. Ct. App.