Donovan v. State

District Court of Appeal of Florida

Donovan v. State

228 So. 2d 105

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1969

DocketNo. 69-408

StatusPublished

Cited by1 cases

This text of 228 So. 2d 105 (Donovan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donovan v. State, 228 So. 2d 105 (Fla. Ct. App. 1969).

Pincite

Opinion

PER CURIAM.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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.

Cite This Page — Counsel Stack

Bluebook (online)

228 So. 2d 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donovan-v-state-fladistctapp-1969.

Opinion

Related

Cite This Page — Counsel Stack