ROBERT LEE ACEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
AFFIRMED. See Bell v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005) (holding “a claim ... that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal”); Davis v. State, 783 So. 2d 288, 289 (Fla. 5th DCA 2001) (“The withdrawal of a guilty plea is not a matter of right, but ... a question addressed to the sound discretion of the trial court.”); Kent v. State, 702 So. 2d 265, 266 (Fla. 5th DCA 1997) (stating that allegations of memory loss and a failure to understand the seriousness of penalties are not necessarily sufficient grounds to require a competency hearing); Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994) (“Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not er ror for the court to refuse to allow withdrawal of it.”)
THOMPSON, SAWAYA and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garren v. State, 976 So. 2d 1159 (Fla. 5th DCA 2008)…would receive probation based on legal advice from jail inmates, and “[wjhere the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it.” See Acee v. State, 935 So. 2d 1258, 1258-59 (Fla. 5th DCA 2006) (quoting Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)). When a defendant enters an open plea, he or she indicates a “willingness to accept anything up to and including the maximum possible sentence.” Wagner, 895…
Authorities Cited
- Kent v. State, 702 So. 2d 265 (Fla. 5th DCA 1997)
- Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)
- Agean Invs. Ltd. v. Ramos, 783 So. 2d 288 (Fla. 3d DCA 2001)
- Davis v. State, 783 So. 2d 288 (Fla. 5th DCA 2001)
- Ellis D. Bell v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005)