Jerald Anthony Tubbs v. State of Florida

Jerald Anthony Tubbs appeals from the summary denial of his motion to withdraw plea, pursuant to Florida Rule of Criminal Procedure 3.170(Z). We agree with 'Mr. Tubbs that he is entitled to an evidentiary hearing on the motion because it is facially sufficient and is not conclusively refuted by the record.

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Mr. Tubbs was charged with possession of a firearm by a convicted felon, possession of cocaine, and possession of less than 20 grams cannabis. Because of his prior record he faced a lengthy prison sentence of up to 30 years. After an unsuccessful motion to suppress, Mr. Tubbs entered into a…