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Cook v. State

District Court of Appeal of Florida, Third District
Nov 8, 1988
533 So. 2d 1180 (Fla. Dist. Ct. App. 1988)

Opinion

No. 86-30.

September 13, 1988. As Corrected on Denial of Rehearing November 8, 1988.

An Appeal from the Circuit Court for Dade County; Stephen D. Robinson, Judge.

Dennis M. Cook, in pro per.

Robert A. Butterworth, Atty. Gen. and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


CORRECTED OPINION


After a full and fair evidentiary hearing at which the defendant testified, as agreed, by affidavit, see Cook v. Florida Parole and Probation Comm'n, 749 F.2d 678 (11th Cir. 1985), the trial court denied Cook's Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief from a 1972 rape conviction upon the findings that his plea of guilty was freely and voluntarily made and that it was taken in full compliance with the requirements of law. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Fla.R. Crim.P. 3.172. Since the testimony at the hearing fully supports these determinations, the order below is

AFFIRMED.


Summaries of

Cook v. State

District Court of Appeal of Florida, Third District
Nov 8, 1988
533 So. 2d 1180 (Fla. Dist. Ct. App. 1988)
Case details for

Cook v. State

Case Details

Full title:DENNIS M. COOK, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 8, 1988

Citations

533 So. 2d 1180 (Fla. Dist. Ct. App. 1988)