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Blue v. State

District Court of Appeal of Florida, Third District
Mar 10, 1980
380 So. 2d 451 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-866.

December 28, 1979. Rehearing Denied March 10, 1980.

Appeal from the Circuit Court, Dade County, James R. Jorgenson, J.

Kogen Kogan and Geoffrey C. Fleck, Miami, for appellant.

Jim Smith, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.


Defendant, Horace Stephen Blue, appeals the denial of his motion to vacate judgment and sentence following an evidentiary hearing.

Defendant Blue pled guilty to three counts of robbery, two counts of carrying a concealed weapon and one count of possession of a weapon while engaged in a criminal offense. He received 12 year sentences on the robbery counts, one year sentences on the carrying concealed weapon charges and a five year sentence for the possession of a weapon charge. All sentences were to be served concurrently. Subsequently, Blue filed the instant motion to vacate judgment and sentences pursuant to Fla.R.Crim.P. 3.850 on the grounds that 1) his pleas of guilty to the charges were involuntarily, unknowingly and unintelligently tendered, and 2) he was ineffectively represented by counsel.

Contrary to these contentions, a review of the transcript of the evidentiary hearing on his motion to vacate and the transcript of the hearing at which he tendered his guilty plea reflects that Blue sufficiently understood the charges against him, knowingly and intelligently pled guilty to these charges and was adequately represented by counsel. Thus, the order denying his motion to vacate must be and is affirmed. See Williams v. State, 316 So.2d 267 (Fla. 1975); Crespo v. State, 339 So.2d 697 (Fla.3d DCA 1976); Bremser v. State, 322 So.2d 642 (Fla.3d DCA 1975).

Affirmed.


Summaries of

Blue v. State

District Court of Appeal of Florida, Third District
Mar 10, 1980
380 So. 2d 451 (Fla. Dist. Ct. App. 1980)
Case details for

Blue v. State

Case Details

Full title:HORACE STEPHEN BLUE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 10, 1980

Citations

380 So. 2d 451 (Fla. Dist. Ct. App. 1980)

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