DENNIS M. PRITCHARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-12-17
No. 96-3506
STONE, C.J., WARNER, J., and PARIENTE, BARBARA J., Associate Judge., concur.
702 So. 2d 617 Florida District Court of Appeal, Fourth District (1997) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm without prejudice so that Appellant may seek withdrawal of his plea, or relief pursuant to Florida Rule of Criminal Procedure 3.850, on his claim that his plea was not voluntarily and knowingly entered and was not supported by a factual basis. Fla. R.App. P. 9.140(b)(2)(B)(iii); Robinson v. State, 373 So. 2d 898, 902 (Fla.1979); see also § 924.051(4), Fla. Stat. (Supp.1996).

STONE, C.J., WARNER, J., and PARIENTE, BARBARA J., Associate Judge., concur.


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  • Brown v. State, 263 So. 3d 48 (Fla. 4th DCA 2018)
    …King, 426 So. 2d at 15). That is precisely what happened in this case. Other cases have held that the right to be treated as a juvenile is not waived provided it is brought to the trial court’s attention, even belatedly. See Miller v. State, 702 So. 2d 617, 618 (Fla. 4th DCA 1997); T.W. v. Jenne, 826 So. 2d 536, 538 (Fla. 4th DCA 2002); Turner v. State, 769 So. 2d 1108, 1109 (Fla. 2d DCA 2000). In Miller, the defendant appealed his conviction and sentence on two counts of sexual battery on a min…
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  • Bortel v. State, 710 So. 2d 1381 (Fla. 4th DCA 1998)
    …. We find no error in the trial court’s denial of appellant’s motion to continue his sentencing hearing. We affirm without prejudice to appellant’s right to withdraw his plea under Florida Rules of Criminal Procedure 3.850. See Pritchard v. State, 702 So. 2d 617 (Fla. 4th DCA 1997). GLICKSTEIN and GROSS, JJ., and GOLDENBERG, RENEE, Associate Judge, concur.…
  • Williams v. State, 737 So. 2d 1141 (Fla. 4th DCA 1999)
    …could only have been prosecuted in juvenile division under our rules of juvenile procedure. We are therefore compelled to reverse. GROSS and HAZOURI, JJ., concur. . It is not personal jurisdiction either, notwithstanding dicta in Miller v. State, 702 So. 2d 617 (Fla. 4th DCA 1997), which uses that term.…

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