CARL JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant cannot withdraw a guilty plea based on their own misunderstanding of their probationary status. However, a probation fee imposed without statutory authority must be stricken.
The defendant pleaded guilty to grand theft and later sought to withdraw his plea, claiming he was unaware of his probationary status from another cas…
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W. SHARP, Judge.
Johnson appeals from his conviction and sentence for grand theft,1 which was rendered by the trial court after accepting his guilty plea. He claims the trial court erred in failing to permit him to withdraw his guilty plea and in imposing a $60.00 fee to First Step of Volusia County as a special condition of his probation. We affirm, but strike the fee award.
Johnson’s basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it. Goff v. State, 498 So. 2d 1035 (Fla. 1st DCA 1986). No abuse of discretion on the part of the trial judge has been shown in this ease for not permitting Johnson to withdraw his plea.2
However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 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).
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LE v. U.S. Bank, 165 So. 3d 776 (Fla. 5th DCA 2015)…occurred prior to filing the complaint. Lastly, U.S. Bank concedes that it presented insufficient evidence of the “costs, title costs, [and] service of process charges.” Therefore, those amounts are stricken from the judgment. See Johnson v. State, 648 So. 2d 263, 263 (Fla. 5th DCA 1994) (affirming judgment and sentence but striking cost award imposed without statutory authority). In all other respects, the judgment is affirmed. AFFIRMED. ORFINGER and LAWSON, JJ., concur. . Mr. Nguyen is not a party to th…
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State v. Hossain Rajaee, 745 So. 2d 469 (Fla. 5th DCA 1999)…ment prepared by some governmental agent is sufficient to make a plea involuntary. In short, a mistake of some fact solely within the knowledge or control of the defendant has not been approved as a basis for withdrawing a plea. In Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994), this court held: Johnson’s basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or m…
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Mantz v. State, 651 So. 2d 1320 (Fla. 5th DCA 1995)…THOMPSON, Judge. In this Anders appeal,1 the special condition of probation directing payment to First Step of Volusia County, Inc. is hereby stricken. See Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994). In all other respects, appellant’s judgment and sentencing disposition are affirmed. UNAUTHORIZED COSTS STRICKEN; JUDGMENT AND ORDER OF PROBATION AFFIRMED AS MODIFIED. DAUK…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Deidre Michelle Hunt v. State, 613 So. 2d 893 (Fla. 1992)
- Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994)
- Goshay v. State, 646 So. 2d 213 (Fla. 1st DCA 1994)
- N.U., Inc. v. T & R Seafood, Inc., 428 So. 2d 369 (Fla. 3d DCA 1983)
- Menchaca v. State, 636 So. 2d 178 (Fla. 2d DCA 1994)
- Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994)
- Gore v. State, 552 So. 2d 1185 (Fla. 5th DCA 1989)
- Hernandez v. State, 638 So. 2d 214 (Fla. 4th DCA 1994)
- Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994)
- Franklin v. State, 498 So. 2d 1035 (Fla. 1st DCA 1986)