Motes v. State
District Court of Appeal of Florida
1Opinion of the CourtClark, J.
In this appeal, Appellant claims the trial court erred in denying his motion to withdraw his plea. See Fla. R.Crim. P. 3.170(i). Appellant moved to withdraw his plea after sentencing. Therefore, he must show one of the grounds enumerated in Rule 9.140(b)(2) (A) (ii) (a)-(e) as well as a “manifest injustice.” Fla. R.App. P. 9.140(b)(2)(A)(ii)(b)-(c); Griffin v. State, 114 So.3d 890, 897 (Fla.2013). We review the trial court’s denial for abuse of discretion. Griffin, 114 So.3d at 897. We find the present circumstances constitute a manifest injustice and reverse the trial court’s denial.
Appellant…
2Cases cited8 opinions
- Gendzier v. BieleckiSupreme Court of Florida · 1957
- Griffin v. StateSupreme Court of Florida · 2013
- Johnson v. StateDistrict Court of Appeal of Florida · 1989
- Goldberg v. StateDistrict Court of Appeal of Florida · 1988
- KINGRY v. StateDistrict Court of Appeal of Florida · 2010
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3Cited by3 opinions
- Alexander Arroyo v. State of FloridaDistrict Court of Appeal of Florida · 2016
- Alexander Arroyo v. State of FloridaDistrict Court of Appeal of Florida · 2016
- Larson v. Secretary, Florida Department of CorrectionsDistrict Court, M.D. Florida · 2025