Legal Opinion

Swain v. State

District Court of Appeal of Florida

Decided September 18, 1997No. 96-2334PublishedCited by 1 opinion

1Per curiam

Alphonso Swain (Swain) appeals the denial of his rale 3.850 motion for postconviction relief. We affirm the denial of all of Swain’s claims of ineffective assistance of counsel, except for one issue in which he claims that his plea was involuntary.

Swain argues that his plea was rendered involuntary in that he was misled as to the maximum penalty which might be imposed for the offenses with which he was charged. Specifically, Swain asserts that he was told that he would face a life sentence if he went to trial, when in fact a life sentence was not a possibility for the charges Swain faced. He…

2Cases cited1 opinion

  1. Gilyard v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Cutuli v. StateDistrict Court of Appeal of Florida · 2002

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