TRAVIS ROBERT WALKER
v.
STATE OF FLORIDA
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When a defendant establishes good cause, Florida Rule of Criminal Procedure 3.170(f) entitles the defendant to withdraw a pre-sentence plea.
[1] When a defendant establishes good cause, Florida Rule of Criminal Procedure 3.170(f) entitles the defendant to withdraw a pre-sentence guilty plea, and the rule should be…
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Join FLexlaw to unlock all legal intelligence“This 'rule should be liberally construed in favor of the defendant because the law inclines toward a trial on the merits.'”
Court explaining the standard for withdrawal of guilty pleas under Florida Rule of Criminal Procedure 3.170(f)
Travis Walker appealed the denial of his pre-sentencing motion to withdraw his guilty plea. The trial court denied the motion.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TRAVIS ROBERT WALKER,
Appellant,
v. Case No. 5D17-3456
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 25, 2019
Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.
James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley
B.
Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM
Travis Walker appeals the denial of his pre-sentencing motion to withdraw his plea. From a thorough review of the record, we find that Walker established good cause in support of his motion and, therefore, reverse.
2
When good cause is established, Florida Rule of Criminal Procedure 3.170(f) entitles the defendant to withdraw his pre-sentence plea. Tanzi v. State, 964 So. 2d 106, 113 (Fla. 2007). This “rule should be liberally construed in favor of the defendant because the law inclines toward a trial on the merits.” Johnson v. State, 947 So. 2d 1208, 1210 (Fla. 5th DCA 2007). Under the unique circumstances of this case, we find the trial court abused its discretion in denying Walker’s motion to withdraw his plea. See Wright v. State, 961 So. 2d 1036, 1041 (Fla. 4th DCA 2007). We reverse Walker’s conviction and sentence and remand for the trial court to vacate the plea and sentence and to take further actions consistent with this opinion. REVERSED and REMANDED.
EDWARDS and HARRIS, JJ., concur. COHEN, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Donte Lamar Rogers v. State, 268 So. 3d 991 (Fla. 5th DCA 2019)
Authorities Cited
- Tanzi v. State, 964 So. 2d 106 (Fla. 2007)
- Johnson v. State, 947 So. 2d 1208 (Fla. 5th DCA 2007)
- Wright v. State, 961 So. 2d 1036 (Fla. 4th DCA 2007)