Legal Opinion

White v. State

District Court of Appeal of Florida

Decided July 24, 2009No. 2D08-4237PublishedCited by 7 opinions

1Opinion of the Court

WALLACE, Judge.

Kevin Daniel White appeals the circuit court’s denial of his pro se motion to withdraw his plea under Florida Rule of Criminal Procedure 3.170(1). The circuit court denied the motion without conducting an evidentiary hearing. Because the allegations of the motion were legally sufficient and were not conclusively refuted by the record, we reverse the order denying the motion and remand for an evidentiary hearing.

The State charged Mr. White with murder in the first degree. On May 28, 2008, Mr. White filed a letter asking the circuit court to dismiss defense counsel based on seven…

2Cases cited7 opinions

  1. Garcia v. StateDistrict Court of Appeal of Florida · 2003
  2. Lester v. StateDistrict Court of Appeal of Florida · 2002
  3. Sheppard v. StateDistrict Court of Appeal of Florida · 2008
  4. Smith v. StateDistrict Court of Appeal of Florida · 2003
  5. Boule v. StateDistrict Court of Appeal of Florida · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Griffin v. StateSupreme Court of Florida · 2013
  2. KRAUTHEIM v. StateDistrict Court of Appeal of Florida · 2010
  3. Applegate v. StateDistrict Court of Appeal of Florida · 2009
  4. Escobar v. StateDistrict Court of Appeal of Florida · 2011
  5. Norman v. StateDistrict Court of Appeal of Florida · 2010

2 more not listed; retrieve them via the Exa API.

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