PLUMMER
v.
STATE

Fla. 3d DCA | 2019-01-02
No. 18-0937
Jones, J., Salter, J., Logue, J., Scales, J.
261 So. 3d 753 Florida District Court of Appeal, Third District (2019)

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Holding

A trial court's denial of a motion to withdraw a guilty plea is affirmed when the court has conducted a hearing with the defendant present and made factual findings supported by the record.


Facts & Procedural History

Plummer appealed the trial court's denial of his motion to withdraw his guilty plea. The trial court held a hearing where Plummer testified, his couns…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
Scales

Third District Court of Appeal State of Florida

Opinion filed January 2, 2019. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D18-937 Lower Tribunal Nos. 16-108-A-K & 16-604-A-K ________________

Ryan Anthony Plummer, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.

Carlos J. Martinez, Public Defender, and James A. Odell, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney General, for appellee.

Before SALTER, LOGUE, and SCALES, JJ.

PER CURIAM.

2

Based on the trial court’s findings of fact after conducting a hearing where Appellant testified, Appellant’s counsel was present, and the State was present, we affirm the trial court’s denial of the Appellant’s motion to withdraw his plea. Sheppard v. State, 17 So. 3d 275, 287 (Fla. 2009).

Affirmed.


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