Legal Opinion

McInturff v. State

District Court of Appeal of Florida

Decided April 19, 2013No. 5D12-1863PublishedCited by 3 opinions

1Opinion of the CourtEvander, J.

James Mclnturff appeals his judgment and sentence for trafficking in hydroco-done. He contends that the trial court erred in denying his motion to withdraw his guilty plea without affording him the opportunity to be heard on the motion. We agree and reverse.

After entering a guilty plea, Mclnturff subsequently appeared before the trial *297court for sentencing. Prior to imposition of sentence, defense counsel requested the trial court permit Mclnturff to withdraw his plea. The State responded by arguing that a motion to withdraw plea must be in writing:

A [Motion to Withdraw Plea] needs to be…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Gunn v. StateDistrict Court of Appeal of Florida · 1994
  2. LEHMKUHLE v. StateDistrict Court of Appeal of Florida · 2009
  3. Morales v. StateDistrict Court of Appeal of Florida · 2008
  4. Hughen v. StateDistrict Court of Appeal of Florida · 2012

3Cited by3 opinions

  1. Gould v. StateDistrict Court of Appeal of Florida · 2019
  2. Shores v. StateDistrict Court of Appeal of Florida · 2014
  3. Gould v. StateDistrict Court of Appeal of Florida · 2019

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