JOHN CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Clark appeals his conviction and sentence following a guilty plea (nolo contendere), arguing the trial court erred in denying his oral pro se motion to withdraw the plea based on change of heart, assertion of innocence, and attorney unwillingness to proceed to trial. The Fourth District Court of Appeal affirmed the conviction and sentence, holding that a mere change of heart and profession of innocence do not constitute good cause for plea withdrawal.
The trial court properly denied the motion to withdraw the plea. A mere change of heart and profession of innocence do not constitute good cause for plea withdrawal under Florida law. Clark's circumstances were distinguishable from those in Wright v. State where reversal was warranted based on the defendant's confusion, alibi defense claim, youthful offender status, and fear of severe sentencing.
[1] A change of heart or a mere assertion of innocence, without more, is legally insufficient to establish good cause for withdrawal of a nolo contendere plea.
[2] A defendant's claim that their attorney is not representing them properly must be inquired into by the court when considering a motion to withdraw a plea.
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Join FLexlaw to unlock all legal intelligence“The motion to withdraw for a change of heart and profession of innocence was legally insufficient to show good cause for withdrawal.”
Establishes the legal standard that mere change of heart and profession of innocence do not constitute good cause for plea withdrawal under Florida law.
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Join FLexlaw to unlock all legal intelligenceClark entered a plea of nolo contendere to multiple charges with an agreed sentence to be served concurrently with a previously imposed sentence. At t…
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We affirm appellant’s conviction and sentence to multiple charges entered after a plea of nolo contendere and an agreed sentence. On appeal, appellant claims that the court should have granted his oral pro se motion to withdraw his plea based upon his change of heart, the unwillingness of his attorney to go to trial, and his assertion of innocence. The court inquired and rejected his claim that his attorney was not representing him properly. The motion to withdraw for a change of heart and profession of innocence was legally insufficient to show good cause for withdrawal. See Robinson v. State, 761 So.2d 269, 274 (Fla.1999).
Appellant relies on Wright v. State, 961 So.2d 1036 (Fla. 4th DCA 2007), but we find that case distinguishable. Although the motion to withdraw in Wright was based upon a change of heart and a claim of innocence, the defense attorney proffered that the defendant, who qualified as a youthful offender, had an alibi defense, was confused, and lacked a full understanding at the plea hearing. Therefore, this court reversed the denial of the motion to withdraw the plea. Here, these same circumstances do not exist. While appellant stated at the plea colloquy that he was innocent of one of the charges, after further consultation with his attorney, he continued with the plea. He did not express the same kind of confusion that was present in Wright. Moreover, in Wright, the youthful offender pled out of significant fear of being “railroaded” and receiving a sentence of substantial length. Here, the appellant had entered into a plea with an agreed sentence which would be served concurrently with a sentence for a different crime which had already been imposed. Appellant’s agreement to enter the plea could not have been based on fear and confusion over the sentencing options, as it was in Wright.
Affirmed.
WARNER, GERBER and LEVINE, JJ., concurs.
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Citator
Cited By
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Benjamin v. State, 230 So. 3d 953 (Fla. 2d DCA 2017)…ot believe Mr. Jones had (left to his own devices, without the assistance of counsel) stated a legally sufficient basis for withdrawing his plea, the relationship between Mr. Jones and [counsel] had plainly become adversarial.”); cf. Clark v. State, 112 So. 3d 680, 681 (Fla. 4th DCA 2013) (“The [pro se] motion to withdraw for a change of heart and profession of innocence was legally insufficient to show good cause for withdrawal.”). Further, “[e]ven if [counsel was] unpersuaded that the reasons alleged as a b…
Authorities Cited
- Robinson v. State, 761 So. 2d 269 (Fla. 1999)
- Wright v. State, 961 So. 2d 1036 (Fla. 4th DCA 2007)