Bennefield v. State
Bennefield v. State
Opinion
Ricky James Bennefield pleaded guilty and was convicted for the possession of marijuana for personal use and for burglary in the third degree. He was given concurrent sentences of 12 months and 5 years (split with 16 months' imprisonment and 5 years' probation). On this appeal from those convictions, Bennefield argues that the trial court should have granted his motions to withdraw his guilty pleas.
In his motions to withdraw, Bennefield, through newly retained counsel, alleged that his court-appointed attorney "unduly and improperly influenced, persuaded, coerced, or caused Defendant to plead guilty," that the guilty plea "was unexpectedly forced upon the Defendant by said attorney . . . without any forewarning or reasonable opportunity to consider same," that "the Defendant was distraught and under great mental stress and emotional pressures," and that "the Defendant believed that he was innocent."
After hearing conflicting testimony on these issues, the circuit judge chose to believe Bennefield's court-appointed attorney and denied the motion to withdraw.
In circuit court, Bennefield did not argue that his guilty pleas failed to satisfy the requirements of Boykin. A defendant's failure to present to the trial court the claimed error in a timely manner precludes the defendant from challenging his guilty plea on appeal. Willis v. State,
The rule and the principle of Willis are valid and have merit. " 'What an appellate court eagerly assumes to be a clear record is often not clear and not correct when examined at the trial level.' " Willis, 500 So.2d at 1325 (quoting Gamble v.State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Ricky James Bennefield v. State.
- Cited By
- 4 cases
- Status
- Published