TROY E. DANIEL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Iaconetti v. State, 869 So. 2d 695 (Fla. 2d DCA 2004)
  …advice by counsel concerning the length of the defendant’s sentence can constitute such a “manifest injustice” and may be a basis for allowing a defendant to withdraw his or her plea. State v. Leroux, 689 So. 2d 235, 236 (Fla.1996); Daniel v. State, 865 So. 2d 661 (Fla. 2d DCA 2004); Snodgrass, 837 So. 2d at 508. Because the defendant bears the burden of proof, when a defendant files a facially sufficient motion to withdraw a plea, the trial court must either afford the defendant an evidentiary hearing or ac…
• Krautheim v. State, 38 So. 3d 802 (Fla. 2d DCA 2010)
  …nt at the hearing. A motion to withdraw plea is a critical stage of the proceedings at which a defendant is entitled to be present and to have counsel represent him. Garcia v. State, 846 So. 2d 660, 661 (Fla. 2d DCA 2003); see also Daniel v. State, 865 So. 2d 661, 661 (Fla. 2d DCA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So. 2d 402, 403 (Fla. 2d DCA 2003))); Ha…
• Molina v. State, 942 So. 2d 1036 (Fla. 2d DCA 2006)
  …d by the record” or (2) hold an evidentiary hearing to determine the truth of the allegations. Snodgrass v. State, 837 So. 2d 507, 508 (Fla. 4th DCA 2003) (quoting Simeton v. State, 734 So. 2d 446, 447 (Fla. 4th DCA 1999)); see also Daniel v. State, 865 So. 2d 661, 661 (Fla. 2d DCA 2004) (reversing denial of motion to withdraw a guilty plea and remanding for an evidentiary hearing because the record failed to show that Daniel was not entitled to relief). The record before us does not reveal Molina’s understa…

Authorities Cited

• State v. Leroux, 689 So. 2d 235 (Fla. 1996)
• Snodgrass v. State, 837 So. 2d 507 (Fla. 4th DCA 2003)
• Miles Lee Brown v. State, 835 So. 2d 402 (Fla. 2d DCA 2003)