RUDOLPH E. GRANT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Campbell v. State, 125 So. 3d 733 (Fla. 2013)
  …epted the plea); Muse v. State, 23 So. 3d 763, 764 (Fla. 1st DCA 2009) (the trial court’s confirmation of the voluntariness of the plea and subsequent order of a presentence report, did not constitute formal acceptance of the plea); Mackey v. State, 743 So. 2d 1117, 1118 (Fla. 2d DCA 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);…
• COX v. State, 35 So. 3d 47 (Fla. 1st DCA 2010)
  …o prosecute Appellant a [*49] second time for crimes that allegedly occurred almost four years ago. While it may sound reasonable to state that we have “returned [the state] to the same position it was in before the plea agreement,” Mackey v. State, 743 So. 2d 1117, 1119 (Fla. 2d DCA 1999), that does not reflect the reality in the courtroom. During the course of time, witnesses’ memories fade and evidence becomes stale. It is difficult to believe the State will not be prejudiced in its case against Appellant.…
• Collucci v. State, 903 So. 2d 333 (Fla. 5th DCA 2005)
  …accepted unless the defendant establishes good cause to warrant its withdrawal.2 Collucci’s motion was filed pursuant to both rules. Unless formally accepted by a court, the terms of a plea agreement are not binding on anyone. E.g., Mackey v. State, 743 So. 2d 1117, 1118 (Fla. 2d DCA 1999). Formal acceptance of a plea occurs when the court affirmatively states to the parties, in open court and for the record, that the court accepts the plea. E.g., Harden v. State, 453 So. 2d 550 (Fla. 5th DCA 1984). A trial co…

Authorities Cited

• Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)