Harrell v. State

At issue in the present case is the right to trial by jury in a criminal case. Florida Rule of Criminal Procedure 3.172(f) provides:

No plea offer or negotiation is binding until it is accepted by the trial judge formally after making all the inquiries, advisements, and determinations required by this rule. Until that time, it may be withdrawn by either party without any necessary justification.

(Emphasis supplied.) Before the trial judge accepted appellant’s plea, appellant filed a motion to withdraw a plea of guilty, stating grounds.

The trial court denied the motion, finding that the grounds…