transcript of the plea hearing in Florida

2016See, e.g., Barnes v. State, 124 So.3d 904, 915 (Fla.2013); Barnes v. State, 801 So.2d 989 (Fla. 1st DCA 2001) (reversing summary denial of 3.850 motion where defendant alleged plea was involuntary due to mental'illness and court failed to attach documents that' conclusively refuted his " claims); Young v. State, 789 So.2d 1160, 1162 (Fla. 5th DCA 2001) (“absent a transcript of the plea hearing, Young’s claim that his plea was unknowing has not been conclusively refuted by the record.

2016This Court reversed the summary denial because “the record [did] not include a transcript of the plea hearing from which [the] court [could] determine whether the defendant voluntarily entered his plea” or “whether the defendant was taking medications at the time of his plea, and whether those medications interfered with his ability to enter his plea knowingly, intelligently, and voluntarily.” Id.

2010In Ortiz v. State, 882 So.2d 1057 (Fla. 4th DCA 2004), the defendant sought rule 3.850 relief, claiming that his defense counsel failed to advise him that he could be sentenced as a PRR upon conviction and, therefore, he refused to accept a more favorable plea offer.

2001To be entitled to relief on a violation of rule 3.172(c)(8), the defendant must "prove that the trial court did not provide advice regarding the possible immigration consequences of the plea and resultant prejudice." Peart, 756 So.2d at 47 .

1999The state argues that the departure sentence should be affirmed based on Briggs v. State, 682 So.2d 1151 (Fla. 5th DCA 1996).

1998McKay v. State, 694 So.2d 61 (Fla. 1st DCA 1997). [1] On remand, the trial judge again denied the motion and attached a copy of the plea form and a copy of the transcript of the plea hearing.

1998Middleton v. State, 603 So.2d 46 (Fla. 1st DCA 1992) (plea agreement did not conclusively refute allegation in postconviction motion that trial counsel's misleading advice had induced entry of guilty plea, and summary denial of motion was improper as to claim that counsel may have misled defendant to believe that he would be eligible for incentive gain-time and that his state sentences would run concurrently with any subsequently imposed federal sentences); Jackson v. State, 442 So.2d 1070 (Fla. 3d DCA 1983) (summary denial of motion for postconviction relief was improper, where defendant alle

1998We are constrained by the Florida Supreme Court's decision in State v. Leroux, 689 So.2d 235 (Fla.1996), to reverse the trial judge's order because the record attached to it, which includes the written plea agreements and the transcript of the plea hearing, does not conclusively refute the appellant's allegations that his pleas were induced by misinformation from his trial counsel regarding the amount of time he would actually serve and whether he would be eligible for gain time and controlled release programs.

1998Middleton v. State, 603 So.2d 46 (Fla. 1st DCA 1992) (plea agreement did not conclusively refute allegation in postconviction motion that trial counsel's misleading advice had induced entry of guilty plea, and summary denial of motion was improper as to claim that counsel may have misled defendant to believe that he would be eligible for incentive gain-time and that his state sentences would run concurrently with any subsequently imposed federal sentences); Jackson v. State, 442 So.2d 1070 (Fla. 3d DCA 1983) (summary denial of motion for postconviction relief was improper, where defendant alle

1997Relying on Ashley and State v. Blackwell, 661 So.2d 282 (Fla.1995), the trial court attached to its order a copy of the arrest report, the sentencing guidelines scoresheet, one page of the written plea agreement, and the transcript of the plea hearing.

1992The supreme court recently held in Koenig v. State, 597 So.2d 256 (Fla.1992), that a plea of nolo conten-dere is not properly accepted where the transcript of the plea hearing does not affirmatively reflect that the defendant knowingly and intelligently entered the plea, which must be demonstrated through an adequate inquiry pursuant to rule 3.172 regarding the factual basis for the plea and the defendant’s understanding of the rights that he is waiving by entering the plea.

1992Because a guilty, or no contest, plea has serious consequences for the accused, the taking of a plea "demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequence." Boykin, 395 U.S. at 243-44 , 89 S.Ct. at 1712 .

1992Because a guilty, or no contest, plea has serious consequences for the accused, the taking of a plea "demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequence." Boykin, 395 U.S. at 243-44 , 89 S.Ct. at 1712 .

1991Hagans v. State, 492 So.2d 753 (Fla. 1st DCA 1986); Thomas v. State, 419 So.2d 1141 (Fla. 1st DCA 1982).

1991In Thomas v. State, 172 So.2d 245 (Fla. 2d DCA 1965) the court held the contention that the defendant did not wish to plead guilty but did so on the advice of his attorney was insufficient to show a coerced plea of guilty as grounds for vacating his judgment and sentence.

1991Hagans v. State, 492 So.2d 753 (Fla. 1st DCA 1986); Thomas v. State, 419 So.2d 1141 (Fla. 1st DCA 1982).

1989As this court recently stated in Offord v. State, 544 So.2d 308 (Fla. 4th DCA 1989): A plea bargain is a contract.

1984Thus this case is distinguishable from the recent case of Parker v. State, 446 So.2d 250 (Fla. 5th DCA 1984) where the condition that defendant appear for sentencing was clearly imposed on and accepted by defendant as part of the plea bargain.