Legal Opinion

Dejesus v. State

District Court of Appeal of Florida

Decided August 29, 2018No. 3D18-1180Published

1Per curiam

Affirmed. See Smith v. State, 21 So.3d 72 (Fla. 1st DCA 2009) ("It is well-settled that when a court determines whether an allegation is conclusively refuted by the record, it may rely on the sworn testimony the defendant has given in a plea colloquy. Any allegations that contradict those answers should not be entertained. As long as the defendant's sworn testimony at the plea colloquy is specific enough to refute the allegations made in a post-plea motion, it may form the basis for a determination that the allegation is conclusively refuted by the record.") (citations omitted), See also…

2Cases cited3 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 2009
  2. Terrell v. StateDistrict Court of Appeal of Florida · 2009
  3. Alfred v. StateDistrict Court of Appeal of Florida · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API