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418 So. 2d 464

Brown v. State

District Court of Appeal of Florida

Decided August 25, 1982

District Court of Appeal of Florida · decided 1982-08-25

Cited by 2 later decisions — most recently December 1984

2 state decisions

Relies on Gissendanner v. State · LeDuc v. State · 384 So. 2d 736 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-25

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PER CURIAM.

¶1The trial court denied defendant’s motion for postconviction relief without an eviden-tiary hearing and without appending portions of the record which demonstrate that the prisoner is entitled to no relief. See Rule 3.850(e), Fla.R.Crim.P. We affirm in part and reverse in part.

¶2Two of defendant’s allegations concern matters which preceded and are wholly unrelated to the entry of his plea. These issues are foreclosed by virtue of the defendant’s plea, Robinson v. State, 373 So.2d 898 (Fla.1979), and, therefore, the trial court properly denied relief on these issues.

¶3On the other hand, two of the defendant’s allegations [grounds one and two] concern matters which involve the voluntary nature of his plea. Such allegations are cognizable under Rule 3.850, Fla.R. Crim.P. and, consequently, the trial court must comply with the strictures of the rule. See LeDuc v. State, 415 So.2d 721 (Fla.1982); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

¶4

¶5Affirmed in part and reversed in part and remanded with instructions.

LETTS, C. J., and HURLEY and DELL, JJ., concur.
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