From Casetext: Smarter Legal Research

Donovan v. State

District Court of Appeal of Florida, Third District
Nov 18, 1969
228 So. 2d 105 (Fla. Dist. Ct. App. 1969)

Opinion

No. 69-408.

November 18, 1969.

Appeal from the Circuit Court for Dade County, Milton A. Friedman, J.

Phillip John Donovan, in pro. per.

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

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.


The appellant Phillip John Donovan was indicted for the crime of murder in the first degree, on May 26, 1964, in Dade County. He pled guilty to the charge, and on July 29, 1964, was so adjudged and sentenced to imprisonment for life.

On April 29, 1969, the appellant filed a motion in the trial court under Rule 1.850 CrPR, 33 F.S.A. for relief from the judgment and sentence. In the motion it was alleged that his plea of Guilty was not freely and voluntarily made, in that it was the result of coercion applied by his mother through threatening her self-destruction if he should be tried and receive a death sentence. The record on appeal reveals that in the trial court at the time the plea was entered the appellant was questioned thoroughly concerning the voluntariness of his plea and was made aware of the possible consequences thereof. On the applicable law the trial judge was eminently correct in denying the motion. See Manning v. State, Fla.App. 1965, 176 So.2d 380; Thomas v. State, Fla.App. 1967, 201 So.2d 834; Richardson v. State, Fla.App. 1967, 202 So.2d 137; Chisholm v. State, Fla. App. 1969, 220 So.2d 383.

Affirmed.


Summaries of

Donovan v. State

District Court of Appeal of Florida, Third District
Nov 18, 1969
228 So. 2d 105 (Fla. Dist. Ct. App. 1969)
Case details for

Donovan v. State

Case Details

Full title:PHILLIP JOHN DONOVAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 18, 1969

Citations

228 So. 2d 105 (Fla. Dist. Ct. App. 1969)