Saldarreaga v. State
District Court of Appeal of Florida
1Per curiam
We affirm an order denying appellant’s petition for mandamus which the trial court treated as a rule 3.850 motion for post-conviction relief. The trial court did not err in denying appellant’s request to appoint counsel because his post-conviction motion was not complex and he was not entitled to an evidentiary hearing. Appellant’s first claim that his plea was not binding because it was not formally accepted by the court is without merit. He did not move to withdraw his plea until after sentencing and failed to show prejudice or manifest injustice. Demartine v. State, 647 So.2d 900 (Fla. 4th…
2Cases cited3 opinions
- Campbell v. StateDistrict Court of Appeal of Florida · 1984
- Demartine v. StateDistrict Court of Appeal of Florida · 1994
- Noon v. StateDistrict Court of Appeal of Florida · 1985
3Cited by1 opinion
- Hutchison v. StateDistrict Court of Appeal of Florida · 2008