Davis v. State

Appellant entered a plea to a third-degree felony, and was later sentenced to sixty months in prison. He timely moved to withdraw his plea on the ground that his attorney assured him that he would receive the minimum sentence as set forth on the scoresheet. The trial court denied the motion to withdraw his guilty plea. On appeal, he asserts the trial' court abused its discretion in denying the motion to withdraw the plea. We affirm.

Florida Rule of Criminal Procedure 3.170(l) permits a defendant to petition the trial court to withdraw the plea within thirty days of sentencing. However, any…