Public-domain · open source
OpenJurist

506 So. 2d 69

506 So.2d 69

12 Fla.L.Weekly 1112

Docket No. BO-310.

Smith v. State

Russell Lamar SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1987-04-29

Cited by 5 later decisions — most recently June 1999

5 state decisions

Relies on 248 So. 2d 677 - Remp v. State · Frazier v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-29

View the full empirical analysis of this case →

¶1*70 Russell Lamar Smith, pro se.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4Appellant appeals the denial of his motion for postconviction relief, contending that his guilty plea was involuntary. Specifically, appellant claims that his plea was induced by representations of his counsel and the assistant state attorney that his sentences would be concurrent to his sentence for an offense in Alachua County whereas, in fact, his sentences were made consecutive to the sentence imposed in Alachua County. We agree with the trial judge that appellant's claim is barred by the doctrine of laches since appellant waited ten years, without excuse, to bring this alleged error to the attention of the court, and the state has demonstrated prejudice because the state attorney has destroyed his files and would be precluded from refuting appellant's claim. Frazier v. State,447 So.2d 959 (Fla. 1st DCA 1984); and Remp v. State,248 So.2d 677 (Fla. 1st DCA 1970).

¶5AFFIRMED.

¶6SMITH, SHIVERS and WENTWORTH, JJ., concur.

/506/so2d/69 · .json · Public domain