ALCIDES CABRERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Withdrawal Of Guilty Plea cases and more on FLexlaw
MONACO, J.
The appellant, Alcides Cabrera, appeals the order rendered by the trial court denying his motion to withdraw his plea, as well as the judgment and sentence imposed on him after his plea of guilty to the crime of trafficking in methamphetamines. We affirm.
The standard of review of a trial court’s order concerning a motion to withdraw a plea is abuse of discretion. See Gunn v. State, 841 So. 2d 629 (Fla. 2d DCA 2003); Graham v. State, 779 So. 2d 604 (Fla. 2d DCA 2001). The withdrawal of a guilty plea is not a matter of right, but rather is a question addressed to the sound discretion of the trial court. Therefore, on appeal a trial court’s decision to deny a motion to withdraw must be affirmed absent proof of an abuse of discretion. See Lopez v. State, 536 So. 2d 226, 229 (Fla.1988); Davis v. State, 783 So. 2d 288 (Fla. 5th DCA 2001). We have carefully reviewed the record in this case, and conclude that the trial court acted within its discretion.
AFFIRMED.
THOMPSON and PALMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reaves v. State, 979 So. 2d 1066 (Fla. 1st DCA 2008)…the median. These claims are unpersuasive. Appellate courts review a trial court’s denial of a motion to withdraw a guilty plea under an abuse of discretion standard. See Wright v. State, 961 So. 2d 1036, 1040 (Fla. 4th DCA 2007); Cabrera v. State, 915 So. 2d 727, 728 (Fla. 5th DCA 2005). Upon a showing of good cause, a trial court may permit a guilty plea to be withdrawn before sentencing. See Fla. R.Crim. P. 3.170(f). Since it is fundamental error to accept a plea that is not factually supported, a good ca…
-
J.A.N. v. State, 947 So. 2d 1258 (Fla. 5th DCA 2007)…en moved to withdraw his plea on the grounds “that’s not what was bargained for.” The withdrawal of a guilty or nolo contendere plea is not a matter of right, but is a question addressed to the sound discretion of the trial court. Cabrera v. State, 915 So. 2d 727 (Fla. 5th DCA 2005). The instant plea agreement clearly reflected the trial court was not bound by the recommendation set forth therein. Appellant did not have a right to withdraw his plea solely because the imposed sanctions were not consistent wit…
Authorities Cited
- Lopez v. State, 536 So. 2d 226 (Fla. 1988)
- Gunn v. State, 841 So. 2d 629 (Fla. 2d DCA 2003)
- O'Neill v. State, 841 So. 2d 629 (Fla. 2d DCA 2003)
- Graham v. State, 779 So. 2d 604 (Fla. 2d DCA 2001)
- Agean Invs. Ltd. v. Ramos, 783 So. 2d 288 (Fla. 3d DCA 2001)
- Davis v. State, 783 So. 2d 288 (Fla. 5th DCA 2001)