JAMES C. HOAG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES C. HOAG, APPELLANT,
STATE OF FLORIDA, APPELLEE
711 So. 2d 572
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
James C. Hoag challenges the circuit court’s denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.172(f). We affirm the order without prejudice to Hoag to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850, which should not be deemed successive irrespective of the circuit court’s election in the proceeding below to treat Hoag’s rule 3.172(f) motion as one seeking postconviction relief.
THREADGILL, A.C.J., and QUINCE and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McAFFEE v. State, 779 So. 2d 299 (Fla. 2d DCA 1999)…herefore affirm. Since, however, the trial court failed to enter a written revocation order setting forth the express probationary conditions that McAffee violated, this cause is remanded for entry of an appropriate order. [*300] See Rojas v. State, 711 So. 2d 572 (Fla. 2d DCA 1997). Affirmed; remanded. CAMPBELL, A.C.J., and SALCINES, J., Concur.…
-
Hoag v. State, 717 So. 2d 101 (Fla. 2d DCA 1998)…ly filed pursuant to Florida Rule of Crim [*102] inal Procedure 3.172(f), without prejudice to him to file a rule 3.850 motion. He has now filed such a motion and it is from its denial by the trial court that this appeal is taken. See Hoag v. State, 711 So. 2d 572 (Fla. 2d DCA1997). The only assertion in Hoag’s two motions in the trial court and subsequent appeals to this court which has not been correctly resolved is the unusual sworn allegation that upon acceptance of his plea the trial court allowed him…