Narrative Opinion Summary
Kevin Nichols was convicted of manslaughter with a firearm, a first-degree felony, after shooting and killing his victim, whose body he disposed of in the Halifax River. After an unsuccessful direct appeal, Nichols filed a Florida Rule of Criminal Procedure 3.850 motion, claiming his plea was involuntary. The trial court denied this motion since Nichols did not file a timely post-sentencing motion to withdraw his plea. Furthermore, any claims of involuntary pleas not supported by a prior motion must be based on ineffective assistance of counsel, which Nichols did not assert. The court affirmed the denial of the 3.850 motion but remanded the case to correct a clerical error in the judgment, ensuring it accurately reflects the conviction as a first-degree felony rather than a second-degree felony. The decision was affirmed and remanded for correction by Judges Sawaya, Palmer, and Orfinger.
Legal Issues Addressed
Correction of Clerical Error in Judgmentsubscribe to see similar legal issues
Application: The court remanded the case to correct a clerical error in the judgment to accurately reflect the conviction as a first-degree felony.
Reasoning: The court affirmed the denial of the 3.850 motion but remanded the case to correct a clerical error in the judgment, ensuring it accurately reflects the conviction as a first-degree felony rather than a second-degree felony.
Ineffective Assistance of Counsel Requirementsubscribe to see similar legal issues
Application: Claims of involuntary pleas not supported by a prior motion must be based on ineffective assistance of counsel, which Nichols failed to assert.
Reasoning: Furthermore, any claims of involuntary pleas not supported by a prior motion must be based on ineffective assistance of counsel, which Nichols did not assert.
Involuntary Plea under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: The court denied Nichols' motion claiming his plea was involuntary because he did not file a timely post-sentencing motion to withdraw his plea.
Reasoning: The trial court denied this motion since Nichols did not file a timely post-sentencing motion to withdraw his plea.