MARIO A. MANBORDE v. THE STATE OF FLORIDA ( 2022 )


Menu:
  •        Third District Court of Appeal
    State of Florida
    Opinion filed January 26, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-2104
    Lower Tribunal No. F17-15733
    ________________
    Mario A. Manborde,
    Appellant,
    vs.
    The State of Florida,
    Appellee.
    An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
    the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
    Mario A. Manborde, in proper person.
    Ashley Moody, Attorney General, for appellee.
    Before FERNANDEZ, C.J., and EMAS and BOKOR, JJ.
    PER CURIAM.
    Affirmed. See Rodriguez v. State, 
    223 So. 3d 1095
    , 1097 (Fla. 3d DCA
    2017) (affirming trial court’s denial of a motion for postconviction relief
    seeking to vacate a judgment and sentence entered pursuant to a negotiated
    plea, observing: “The record, which includes the plea colloquy, clearly
    refutes these claims, and under Florida law, a defendant is bound by the
    statements he makes under oath during a plea colloquy. See Henry v. State,
    
    920 So. 2d 1245
    , 1246 (Fla. 5th DCA 2006) (“This motion presents the all-
    too-common occurrence where defendants, in an attempt to invalidate their
    pleas, contend they committed perjury when they sought to have their pleas
    accepted. Defendants are bound by the statements made by them under
    oath ....”); Iacono v. State, 
    930 So. 2d 829
    , 831–32 (Fla. 4th DCA 2006)
    (holding that defendants “are bound by their sworn answers” during a plea
    colloquy). As the Fourth District Court of Appeal stated in Scheele v. State,
    
    953 So. 2d 782
    , 785 (Fla. 4th DCA 2007), “[a] plea conference is not a
    meaningless charade to be manipulated willy-nilly after the fact; it is a formal
    ceremony, under oath, memorializing a crossroads in a case.”))
    2
    

Document Info

Docket Number: 21-2104

Filed Date: 1/26/2022

Precedential Status: Precedential

Modified Date: 1/26/2022