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Maura v. State

District Court of Appeal of Florida, Third District
Mar 19, 1985
469 So. 2d 150 (Fla. Dist. Ct. App. 1985)

Summary

holding defendant was entitled to a hearing on the merits of his postconviction claim under rule 3.850, alleging, inter alia, that he was denied effective assistance of counsel, rendering his plea coerced and involuntary

Summary of this case from Hoskin v. State

Opinion

No. 85-242.

March 19, 1985.

Appeal from the Circuit Court, Dade County, Theodore G. Mastos, J.

Orlando Ramos Maura, in pro. per.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.


This is an appeal from summary denial of a Rule 3.850, Fla.R.Cr.P. motion.

The appellant, in attacking his conviction and sentence in this case, alleges that his plea was coerced and was not made voluntarily with an understanding of the nature of the charge and the consequences of his plea, the physical evidence necessary to convict was never entered into evidence, and that he was denied effective assistance of counsel by virtue of lack of contact before the plea and silence at the plea hearing and conflict of interest by representing a co-defendant.

It appears that the first and third allegations are not refuted by the record herein within the holding of Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). Furthermore, the fact that these issues may have been raised in a previous Rule 3.850 motion does not preclude a second motion where there is no showing that the first motion was adjudicated on the merits. McCrae v. State, 437 So.2d 1388 (Fla. 1983). No such showing is made in this record, therefore, the order appealed is reversed and the cause is remanded to the trial court for hearing on the merits of the motion.

Reversed and remanded with directions.


Summaries of

Maura v. State

District Court of Appeal of Florida, Third District
Mar 19, 1985
469 So. 2d 150 (Fla. Dist. Ct. App. 1985)

holding defendant was entitled to a hearing on the merits of his postconviction claim under rule 3.850, alleging, inter alia, that he was denied effective assistance of counsel, rendering his plea coerced and involuntary

Summary of this case from Hoskin v. State
Case details for

Maura v. State

Case Details

Full title:ORLANDO RAMOS MAURA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 19, 1985

Citations

469 So. 2d 150 (Fla. Dist. Ct. App. 1985)

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