Luedtke v. State

ALTENBERND, Judge.

Randal J. Luedtke appeals his judgment and sentence, challenging the court’s denial of his presentence motion to withdraw plea. We agree with Mr. Luedtke that his trial counsel’s incorrect advice regarding possible civil commitment consequences under the Jimmy Ryce Act 1 constituted good cause sufficient to permit Mr. Luedtke to withdraw his guilty plea prior to sentencing. We accordingly reverse and remand for further proceedings.

In February 2006, the State filed an amended information charging Mr. Luedtke with one count of sexual battery under section 794.011(5), Florida…