Miller v. State

917 So.2d 261 (2005)

Bobby MILLER, Appellant,

v.

STATE of Florida, Appellee.

No. 5D04-2963.

District Court of Appeal of Florida, Fifth District.

December 16, 2005.

Candace A. Hawthorne, of Hawthorne Law Firm, P.A., Tavares, for Appellant.

No Appearance for Appellee.

GRIFFIN, J.

Appellant, Bobby Miller ["Miller"], pled guilty to sexual battery and lewd and lascivious assault in March, 2003. The charges involved Miller's thirteen-year-old stepdaughter, who lived with Miller and his mother. Less than thirty days after sentencing, acting pro se, Miller filed a motion to withdraw his plea, arguing in…