Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided December 30, 2016No. Case No. 5D16-3156Published

1Per curiam

Mary Smith appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that her claims that: (1) she was coerced to enter a plea by her counsel’s statement that she would receive the maximum sentence if she proceeded to trial; and (2) counsel was ineffective in failing to advise her that double jeopardy would preclude her from being convicted of both trafficking in metham-phetamines and manufacturing metham-phetamines were not conclusively refuted by her written plea agreement. See McDonald v. State, 174 So.3d 1068…

2Cases cited2 opinions

  1. Wilkerson v. StateDistrict Court of Appeal of Florida · 2013
  2. Rohan McDonald v. State of FloridaDistrict Court of Appeal of Florida · 2015

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