Harrell v. State

894 So.2d 935 (2005)

Dwayne Lamont HARRELL, Petitioner,

v.

STATE of Florida, Respondent.

No. SC02-2244.

Supreme Court of Florida.

February 10, 2005.

James T. Miller, Special Assistant Public Defender, Jacksonville, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, James W. Rogers, Bureau Chief, Criminal Appeals, and Kenneth D. Pratt, Assistant Attorney General, Tallahassee, FL, for Respondent.

CANTERO, J.

We must decide whether a motion to withdraw a plea that fails to allege that the trial court did not formally accept the plea nevertheless preserves that issue for review. In the case under…