Motes v. State

I respectfully dissent. Because Appellant failed to demonstrate that a manifest injustice occurred, the trial court did not abuse its discretion in denying the motion to withdraw the plea after sentencing.

Appellant argues that he should have been permitted to withdraw his plea because his plea agreement was conditioned on his ability to challenge the trial court’s competency ruling, which he later learned was a non-appealable issue. Florida Rule of Criminal Procedure 3.170(0 allows for the withdrawal of a plea after sentencing only on the grounds specified in Florida Rule of Appellate…