Legal Opinion

Thomas v. State

District Court of Appeal of Florida

Decided December 1, 2004No. 4D04-3329Published

1Per curiam

Larry Thomas appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. Thomas alleged that his plea was involuntarily entered because counsel promised that Thomas would be allowed to go to boot camp after serving 5 months in prison. Thomas also claimed that counsel was ineffective in giving the above misadvice. Thomas alleged that counsel told him to answer, “yes” to the judge’s questions during the plea colloquy.

The' plea colloquy and forms do not conclusively refute Thomas’ claims. State v. Leroux, 689 So.2d 235 (Fla.1996); Lewis v. State, 795 So.2d 1061 (Fla. 4th…

2Cases cited3 opinions

  1. State v. LerouxSupreme Court of Florida · 1996
  2. Lewis v. StateDistrict Court of Appeal of Florida · 2001
  3. Griffin v. StateDistrict Court of Appeal of Florida · 2004

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