Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided January 21, 2011No. 2D10-559Published

1Opinion of the Court

DAVIS, Judge.

Allen Smith pleaded no contest to one count of driving while his license was revoked, and the trial court sentenced him to one year and one day in prison. Smith challenges his judgment and sentence, arguing that the trial court erred in denying his motion to withdraw plea. The State cross-appeals, challenging Smith’s sentence, which was a downward departure from the 15.4-month lowest permissible sentence indicated on Smith’s guidelines scoresheet. We conclude that the trial court did not abuse its discretion in denying Smith’s motion to withdraw his plea. However, because the…

2Cases cited4 opinions

  1. State v. BarnesDistrict Court of Appeal of Florida · 2000
  2. State v. McKnightDistrict Court of Appeal of Florida · 2010
  3. Luedtke v. StateDistrict Court of Appeal of Florida · 2009
  4. State v. McCrayDistrict Court of Appeal of Florida · 2010

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