RICHARD E. HIBBOTT, APPELLANT,

v.

FLORIDA PAROLE COMMISSION, ET AL., APPELLEES

Citator

Cited By

• Harrell v. State, 894 So. 2d 935 (Fla. 2005)
  …en push comes to shove, we are obliged to follow the rule as written and construed by the cases. No formal acceptance by the court, no bar to withdrawal by any of the triumvirate — state, defendant or the court. Id. at 1338; accord Turner v. State, 616 So. 2d 194, 194 (Fla. 3d DCA 1993) (holding that “[ujnder these circumstances, the defendant had an absolute right to withdraw [*939] his plea prior to sentencing ‘without any necessary justification’ ’■’). ■ Florida Rule of Criminal Procedure 3.170 also gove…
• Campbell v. State, 125 So. 3d 733 (Fla. 2013)
  …CA 1999) (because the court never formally accepted the pleas, the defendant had an absolute right to withdraw pleas prior to sentencing after the court conducted a plea colloquy and the State offered a factual basis for the pleas); Turner v. State, 616 So. 2d 194, 194 (Fla. 3d DCA 1993) (where the record reflected that (1) the trial court did not, after conducting a plea colloquy, formally accept the plea as required by rule 3.172(g); and (2) the defendant requested to withdraw his plea prior to sentencing,…

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• Demartine v. State, 647 So. 2d 900 (Fla. 4th DCA 1994)
  …Harden and Bass as they apply to a motion to withdraw a plea made before sentencing. Appellant directs our attention to Howard v. State, 516 So. 2d 31 (Fla. 1st DCA 1987), State v. Sanchez, 537 So. 2d 1115 (Fla. 4th DCA 1989), and Turner v. State, 616 So. 2d 194 (Fla. 3d DCA 1993). In each of these eases, the attempt to withdraw the plea occurred before sentencing and before the trial court formally accepted the plea. The district courts of appeal reversed, all concluding that the plea did not bind the part…

Authorities Cited

• King v. Fla. Parole Comm'n, 614 So. 2d 1183 (Fla. 1st DCA 1993)