JAMES COREY POWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, J.
After entering no contest pleas at arraignment in seven cases for various crimes, James Corey Powell was sentenced in accordance with his plea agreement with the State. He subsequently moved to withdraw his pleas, and after the trial court denied the motion, this appeal ensued. We affirm.
When a defendant files a motion to withdraw a plea after sentencing, he has the burden of proving that “a manifest injustice has occurred.” LeDuc v. State, 415 So. 2d 721, 722 (Fla.1982). This is a more stringent standard than a motion to withdraw a plea filed before sentencing; the burden falls on the defendant to prove that withdrawal is necessary to correct the manifest injustice. See Lynn v. State, 687 So. 2d 39, 41 (Fla. 5th DCA 1997). We conclude that Powell’s motion was facially insufficient because it failed to allege that withdrawal of his plea was necessary to correct a manifest injustice. Bradford v. State, 869 So. 2d 28, 29 (Fla. 2d DCA 2004). Further, conclusory allegations are insufficient. Rather, a defendant must offer some proof that his plea was not voluntarily entered. Robinson v. State, 761 So. 2d 269, 274 (Fla.1999). That was not done here.
AFFIRMED.
GRIFFIN and THOMPSON, JJ., concur.
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Hamil v. State, 106 So. 3d 495 (Fla. 4th DCA 2013)…on to withdraw a plea filed before sentencing; the burden falls on the defendant to prove that withdrawal is necessary to correct the manifest injustice.” Snodgrass v. State, 837 So. 2d 507, 508 (Fla. 4th DCA 2003) (emphasis added); Powell v. State, 929 So. 2d 54, 55 (Fla. 5th DCA 2006). When challenging the voluntariness of a plea, “mere allegations are not enough; the defense must offer proof that the plea was not voluntarily and intelligently entered.” Robinson v. State, 761 So. 2d 269, 274 (Fla.1999) (em…
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Makenson Saintiler v. State, 109 So. 3d 303 (Fla. 4th DCA 2013)…4th DCA 2009); Grogin v. State, 824 So. 2d 984, 984 (Fla. 4th DCA 2002). Second, the motion was facially insufficient because it failed to [*305] allege that withdrawal of the plea was necessary to correct a manifest injustice. See Powell v. State, 929 So. 2d 54, 55 (Fla. 5th DCA 2006). Third, the motion was facially insufficient because appellant did not set forth any factual basis to support his conclusory allegations. See Williams v. State, 919 So. 2d 645, 646-47 (Fla. 4th DCA 2006) (defendant’s bare all…
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Lidesmond Terrell Baker v. State, 12 So. 3d 281 (Fla. 5th DCA 2009)…the State sought HFO sanctions, and clearly said this on the record. Given this fact, we can understand why the trial judge concluded that Baker had not demonstrated a manifest injustice warranting withdrawal of his plea. See, e.g., Powell v. State, 929 So. 2d 54, 55 (Fla. 5th DCA 2006) (repeating rule that a defendant seeking to have his or her plea set aside after sentencing must establish that withdrawal of the plea is “necessary to correct a manifest injustice”). However, failure to grant any post-senten…
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- Robinson v. State, 761 So. 2d 269 (Fla. 1999)
- LeDUC v. State, 415 So. 2d 721 (Fla. 1982)
- Lynn v. State, 687 So. 2d 39 (Fla. 5th DCA 1997)
- Bradford v. State, 869 So. 2d 28 (Fla. 2d DCA 2004)