Legal Opinion

State v. Phillips

District Court of Appeal of Florida

Decided June 1, 2011No. 4D09-4063Published

1Opinion of the CourtStevenson, J.

The State appeals an order granting the defendant’s motion to withdraw his plea on the basis that it was involuntary since he was not advised at the colloquy by the trial judge that the plea carried 'with it a mandatory minimum sentence and no entitlement to gain time. Because the trial court specifically found that defendant was advised of the aforementioned consequences of the plea by his attorney, we reverse.

On June 2, 2004, the defendant entered a plea of no contest to a reduced charge of burglary of a dwelling. The defendant was sentenced as a prison releasee reof-fender (“PRR”) to a…

2Cases cited4 opinions

  1. Ashley v. StateSupreme Court of Florida · 1993
  2. State v. LudersSupreme Court of Florida · 2000
  3. Townsend v. StateDistrict Court of Appeal of Florida · 2006
  4. Alexander v. StateDistrict Court of Appeal of Florida · 2005

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