BILLY HENDRIX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-04-27
No. 1D01-3503
KAHN, WEBSTER and HAWKES, JJ., Concur.
900 So. 2d 735 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

On The Court’s Own Motion

We sua sponte withdraw the pre-man-date opinion in this case and substitute the following:

PER CURIAM.

AFFIRMED. See Bates v. State, 887 So. 2d 1214 (Fla.2004).

KAHN, WEBSTER and HAWKES, JJ., Concur.


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  • Renard Nealie Williams v. State, 134 So. 3d 975 (Fla. 1st DCA 2012)
    …n circumstances not unlike those in the present case, the Fourth District affirmed a conviction and sentence “without prejudice to appellant’s right to seek to withdraw his plea. See Leonard v. State, 760 So. 2d 114, 119 (Fla.2000); Hagins v. State, 900 So. 2d 735 (Fla. 4th DCA 2005).” Sears v. State, 920 So. 2d 709, 709 (Fla. 4th DCA 2006) (on reh.). Even if Florida Rule of Criminal Procedure 3.170 is no longer available to appellant on remand, Florida Rule of Criminal Procedure 3.850 contemplates collateral…
  • Leoton R. Sears v. State, 920 So. 2d 709 (Fla. 4th DCA 2006)
    …382, 385 (Fla.1979); Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002). We thus affirm the instant appeal without prejudice to appellant’s right to seek to withdraw his plea. See Leonard v. State, 760 So. 2d 114, 119 (Fla.2000); Hagins v. State, 900 So. 2d 735 (Fla. 4th DCA 2005). STEVENSON, C.J., WARNER and MAY, JJ., concur.…

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