Garland v. State

Full title: MARVIN GARLAND, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Oct 25, 1989

550 So. 2d 82 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2457.

September 20, 1989. Rehearing Denied October 25, 1989.

Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Mark E. Polen, Judge.

Marvin Garland, Immokalee, pro se.

No appearance required for appellee.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and WALDEN, J., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

I would reverse and remand for an evidentiary hearing. The transcripts of appellant's plea proceedings reflect that there is at least an issue of fact as to whether appellant understood the consequences of his plea agreement, which resulted in the imposition of four (4) consecutive minimum mandatory sentences. Appellant's prior motion for relief under Florida Rule of Criminal Procedure 3.800 is no bar to his present claim. See Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981).