Dunkelberger v. State
Florida District Courts of Appeal
Dunkelberger v. State, 877 So. 2d 765 (2004)
2004 Fla. App. LEXIS 8363
Farmer, Hazouri, Warner
Dunkelberger v. State
Opinion of the Court
Affirmed. In her postconviction motion, appellant claims that her lawyer promised that the judge would impose a downward departure sentence. However, the plea colloquy conclusively refutes her claim. See State v. Leroux, 689 So.2d 235, 236 (Fla. 1996) (stating “under the express provisions of [Florida Rule of Criminal Procedure] 3.850, relief may be summarily denied where the record conclusively refutes” claim that appellant’s counsel made misrepresentation as to length of potential sentence). The trial judge carefully questioned appellant about the sentence and specifically asked whether her attorney had made any promises regarding the sentence, to which she responded in the negative.
Reference
- Full Case Name
- Linda S. DUNKELBERGER v. STATE of Florida
- Cited By
- 1 case
- Status
- Published