Rogers v. State

Full title: DONNIE ROGERS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 3, 1978

362 So. 2d 1031 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-2375.

October 3, 1978.

Appeal from the Circuit Court, Dade County, Alan R. Schwartz, J.

McCrary, Berkowitz Davis and Jeffrey L. Berkowitz, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Steven L. Bolotin, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J.^_, and PEARSON and HENDRY, JJ.

_ HAVERFIELD, C.J., participated in the decision in this case but did not hear oral argument.

PER CURIAM.

This appeal is from an order denying defendant's motion to vacate pursuant to Fla.R.Crim.P. 3.850. The pro se motion was denied without an evidentiary hearing. On appeal, it is urged that defendant's statement in his motion that his plea of nolo contendere was "forced upon him by Dade County law enforcement" was sufficient to require an evidentiary hearing. The record of the entry of the plea in 1974 clearly establishes the voluntariness of the plea absent any new facts to bring the voluntariness into question. The defendant having failed to allege any such fact, the order appealed is affirmed. See Paige v. State, 282 So.2d 192 (Fla.2d DCA 1973); Whitlow v. State, 256 So.2d 48 (Fla.2d DCA 1971); and Gibson v. State, 213 So.2d 8 (Fla.4th DCA 1968).

Affirmed.