JIMMY JOE GORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the trial court erred in preparing the defendant's scoresheet, the conviction is affirmed because the defendant failed to show prejudice from the plea withdrawal denial.
Appellant pled guilty to unlawful use of a fictitious name on a driver's license application and was sentenced. He later moved to withdraw his plea, a…
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HARRIS, Judge.
Appellant orally waived counsel at arraignment and pled guilty to the unlawful use of a fictitious name in an application for a driver’s license. At sentencing he signed a written waiver of counsel and was sentenced to incarceration for five years. Sixteen days after sentencing appellant moved to set aside his plea on the grounds that the plea was not supported with a factual basis, that he did not execute a written waiver of counsel at the time of plea, that the plea was equivocal, and that the court failed to advise him of the consequences of a guilty plea. After a hearing the trial court denied the motion, and appellant appealed.
The withdrawal of a guilty plea is a question addressed to the sound discretion of the trial court, and the defendant must establish good cause for the withdrawal. Mere allegations in a motion, unsupported by proof, never constitute a sufficient basis. Brown v. State, 428 So. 2d 369 (Fla. 5th DCA 1983). Although Rule 3.172, Florida Rules of Criminal Procedure, requires a trial judge to satisfy himself that a plea is voluntary and that there is a factual basis for it, failure to comply with that rule alone is not a sufficient predicate for post-conviction relief. Appellant must also show that he was prejudiced. State v. Caudle, 504 So. 2d 419 (Fla. 5th DCA 1987). Appellant has never claimed that he did not commit the offense and, therefore, has demonstrated neither actual prejudice nor an abuse of discretion.
Appellant also contends that the trial court erred in preparing his scoresheet. We agree. Scoring offenses which occur after the primary offense as prior record is improper. Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986).
Conviction AFFIRMED; REMAND for resentencing.
DAUKSCH and SHARP, JJ., concur.
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Robinson v. State, 761 So. 2d 269 (Fla. 1999)…8 So. 2d 686, 687 (Fla. 2d DCA 1982). Id. at 634. In order to show cause why the plea should be withdrawn, mere allegations are not enough; the defense must offer proof that the plea was not voluntarily and intelligently entered. See Gore v. State, 552 So. 2d 1185, 1186 (Fla. 5th DCA 1989); Brown v. State, 428 So. 2d 369, 371 (Fla. 5th DCA 1983) (“[M]ere naked allegations contained in a motion to withdraw, unsupported by any proof, can never constitute a basis for withdrawal of a plea.”). Further, on appeal f…
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State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)…guilty plea, the plea will not be set aside after its acceptance absent a showing of prejudice or maniest injustice. Grant v. State, 316 So. 2d 282, 283 (Fla.1975); Suarez v. State, 616 So. 2d 1067, [*1328] 1068-69 (Fla. 3d DCA 1993); Gore v. State, 552 So. 2d 1185, 1186 (Fla. 5th DCA 1989); see also Williams v. State, 316 So. 2d at 274. In this case, the defendant does not contend that he was innocent of the crime charged or that he pleaded guilty to the wrong offense. As there is no showing of prejudice or m…
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Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)…CA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. . § 812.014, Fla.Stat. (1993). . Hunt v. State, 613 So. 2d 893 (Fla.1992); Gore v. State, 552 So. 2d 1185 (Fla. 5th DCA 1989); Brown v. State, 428 So. 2d 369 (Fla. 5th DCA 1983).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N.U., Inc. v. T & R Seafood, Inc., 428 So. 2d 369 (Fla. 3d DCA 1983)
- Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986)
- State v. Caudle, 504 So. 2d 419 (Fla. 5th DCA 1987)