D.E.R., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• M.N. v. State, 16 So. 3d 280 (Fla. 2d DCA 2009)
  …involuntary because he was led to believe he could appeal the denial of his motion to continue, our affirmance is without prejudice to any right M.N. might have to file a petition for writ of habeas corpus in the circuit court. See D.E.R. v. State, 993 So. 2d 1030, 1030 (Fla. 2d DCA 2008). Affirmed without prejudice to M.N.’s right to file a timely petition for writ of habeas corpus. CASANUEVA, C.J., and ALTENBERND, FULMER, WHATLEY, NORTHCUTT, DAVIS, KELLY, VTLLANTI, WALLACE, LaROSE, CRENSHAW, and MORRIS, J…
• D.M. v. State, 84 So. 3d 1242 (Fla. 2d DCA 2012)
  …h it might seem that D.M. is caught in a Catch 22,1 he is not. A juvenile wishing to challenge the voluntariness of a plea may do so by filing a petition for a writ of habeas corpus in the circuit court. See T.G., 800 So. 2d at 213; D.E.R. v. State, 993 So. 2d 1030 (Fla. 2d DCA 2008); J.M.B., 750 So. 2d at 655. Thus, instead of moving to withdraw his pleas, D.M. could have preserved the question of whether his pleas were voluntary by filing a petition for a writ of habeas corpus. And instead of denying D.M.’s…
• State v. S.S., 40 So. 3d 6 (Fla. 4th DCA 2010)
  …to Florida Rule of Juvenile Procedure 8.140. We disagree. As the State acknowledges, a juvenile can challenge the voluntariness of a plea by petition for -writ of habeas corpus. See, e.g., State v. T.G., 800 So. 2d 204 (Fla. 2001); D.E.R. v. State, 993 So. 2d 1030 (Fla. 2d DCA 2008). Further, rule 8.140 allows a juvenile to move for relief from an order, judgment or proceeding for a number of reasons, including: (1) Mistake, inadvertence, surprise or excusable neglect. (2) Newly discovered evidence which by…

Authorities Cited

• State v. T.G., 800 So. 2d 204 (Fla. 2001)
• J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999)