Thompson v. State
Docket: No. 90-03132
Court: District Court of Appeal of Florida; December 4, 1990; Florida; State Appellate Court
Anthony Craig Thompson appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The motion, filed on September 11, 1990, claims that Thompson's guilty plea to second-degree murder, resulting in a thirty-year sentence with a three-year minimum mandatory term, was coerced. He asserts that his counsel informed him of a threat from the sentencing judge regarding a death penalty if he did not plead guilty. Additionally, Thompson contends that the minimum mandatory sentence was not part of the plea agreement. The trial court denied the motion, referencing transcripts from Thompson's sentencing hearing on September 12, 1989, and a subsequent hearing on September 20, 1990. However, these transcripts do not conclusively dismiss Thompson's claims; it is unclear if he was present at the proceedings, and the sentencing transcript lacks a plea colloquy. The judge’s comments during the second hearing did not adequately address the coercion allegation, as he merely dismissed it as “ludicrous.” The appellate court finds that due process requirements were not met and, therefore, reverses the trial court's denial. The case is remanded for further proceedings, instructing the trial court to determine if Thompson is entitled to relief based on the case files and records. If not conclusively refuted, the state must respond, and an evidentiary hearing may be warranted. If the trial court again denies the motion, it must provide specific record portions that counter Thompson's claims. Any aggrieved party has thirty days to appeal.