James H. Tipler v. State of Florida

I respectfully dissent and would not remand this case because the record conclusively refutes the allegations in Mr. Ti-pler’s motion to withdraw plea. See Johnson v. State, 22 So.3d 840, 845 (Fla. 1st DCA 2009) (finding harmless error in the trial court’s summary denial of a motion to withdraw plea because the motion’s allegation was conclusively refuted by the record); Gumbs v. State, 143 So.3d 1160, 1164 (Fla. 4th DCA 2014) (noting that if the record did not conclusively refute a defendant’s allegations, then he was entitled to an evidentiary hearing).

Mr..Tipler sought to withdraw his plea…