County Criminal Court: CRIMINAL PROCEDURE – Postconviction Relief
– Rule 3.850- Trial court did not err in summarily denying motion without
conducting evidentiary hearing-issues raised are could have been raised on
appeal; issues procedurally barred. Mount v. State No. 02-87
(
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
APPELLATE DIVISION
JOHNTA
A. MOUNT,
Appellant,
vs.
Appeal No. CRC 02-06999 CFANO
STATE
OF
Appellee.
_________________________________/
Appeal
from Order Denying Motion for Post-Conviction Relief
County
Judge Sonny Im
Johnta
A. Mount
Pro se
Bernie
McCabe
State
Attorney
THIS MATTER is before the court on the
defendant’s appeal from an Order Denying Defendant’s Motion for Post-Conviction
Relief. The defendant’s motion was
filed pursuant to Fla. R. Crim. P. 3.850 and was denied without an evidentiary
hearing. No briefs are required and none have been submitted.
See,
The defendant filed a postconviction motion seeking to withdraw his pleas alleging that he was not informed by the trial court that his plea may have sentencing enhancing consequences on a sentence imposed in the future, that the trial court failed to follow the requirements of Fla.R.Crim.Pro. 3.172 and that he was under the influence of drugs at the time he entered his pleas. The trial court denied the defendant’s motion without an evidentiary hearing.
This Court affirms the trial court’s
denial of the defendant’s motion for post conviction relief. The defendant’s claims are without merit.
Neither the trial court nor counsel has a duty to advise a defendant
that the defendant’s plea in a pending case may have sentence enhancing consequences
on a sentence imposed for a crime committed in the future.
Major v. State, 814 So.2d 424 (
The
defendant alleges he was under the influence of drugs at the time he entered
his pleas. The defendant entered his
pleas and was sentenced
ORDERED that the decision of the trial court is affirmed.
DONE
AND ORDERED in chambers at
_______________________________
NANCY MOATE LEY
Circuit Judge
Primary Appellate Judge
_______________________________
W. DOUGLAS BAIRD
Circuit Judge
______________________________
TIMOTHY R. PETERS
Circuit Judge
Copies furnished to:
Johnta A. Mount, Reg. #39520-018
Federal Correctional Complex-Medium
Melissa Underwood
Assistant State Attorney
Attorney for Appellee