TIMOTHY BRINKLEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Campbell v. State, 125 So. 3d 733 (Fla. 2013)
  …the decision of the Second District Court of Appeal in Campbell v. State, 75 So. 3d 757 (Fla. 2d DCA 2011). The district court certified that its decision is in direct conflict with the decision of the First District Court of Appeal in Cox v. State, 35 So. 3d 47 (Fla. 1st DCA 2010), on the issue of whether a defendant may, after sentencing,1 withdraw a plea of guilty or nolo contendere based solely upon a trial court’s failure to formally accept the plea as set forth in Florida Rule of Criminal Procedure 3.…

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• Campbell v. State, 75 So. 3d 757 (Fla. 2d DCA 2011)
  …failure to formally accept Mr. Campbell’s plea did not entitle Mr. Campbell to withdraw his plea nearly eleven years after the sentence had been imposed. In his brief, Mr. Campbell argues that the trial court erred in failing to follow Cox v. State, 35 So. 3d 47 (Fla. 1st DCA 2010), which he argues is controlling. In Cox, the First District, apparently relying on Harrell, reluctantly held that the defendant should be allowed to withdraw his plea more than two years after sentencing because the trial court h…

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• Cannon v. State, 92 So. 3d 292 (Fla. 1st DCA 2012)
  …tant motion for postconviction relief, asserting two claims for relief. In ground two of his motion, Appellant asserts that he is entitled to withdraw from his plea because it was never formally accepted by the trial court. He cites to Cox v. State, 35 So. 3d 47 (Fla. 1st DCA 2010), which holds that a defendant has a right to withdraw from a plea where the trial court failed to specifically state that it formally accepted the plea. In Cox, the defendant entered a plea to two charges of conspiracy to traffi…