Summary
affirming denial of the defendant's motion to withdraw plea where "[t]he coercion alleged after sentencing is refuted by the transcript and the written plea agreement" (quoting Rivera v. State , 984 So. 2d 574, 574 (Fla. 5th DCA 2008))
Summary of this case from Miller v. StateOpinion
Case No. 5D20-149
04-06-2021
Jahnard BONAMY, Appellant, v. STATE of Florida, Appellee.
Matthew J. Metz, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
Matthew J. Metz, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM. AFFIRMED. See Johnson v. State, 22 So. 3d 840, 845 (Fla. 1st DCA 2009) ("These statements in the plea colloquy and plea agreement conclusively refuted Johnson's broad allegation that she was coerced by someone, possibly her attorney, into entering the plea."); Rivera v. State, 984 So. 2d 574, 574 (Fla. 5th DCA 2008) ("The coercion alleged after sentencing is refuted by the transcript and the written plea agreement. An evidentiary hearing was unnecessary."); Wallace v. State, 939 So. 2d 1123, 1126 (Fla. 3d DCA 2006) ("Because the allegations of coercion and ineffective assistance of counsel are conclusively refuted by the record, there is no need to hold an evidentiary hearing.").
WALLIS, EDWARDS and EISNAUGLE, JJ., concur.