ANTHONY HOSKINS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2019-07-24
No. 19-0680
McCarthy, J., Levine, C.J., Warner, J., Forst, J.
Florida District Court of Appeal, Fourth District (2019)

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Holding

A defendant's Rule 3.801 motion may be denied without prejudice to the defendant's right to file a subsequent Rule 3.850 motion challenging the voluntariness of his plea.


Headnotes

[1] A trial court's denial of a Rule 3.801 motion does not preclude a defendant from subsequently raising claims regarding the voluntariness of a guilty plea through a Rule 3…

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Facts & Procedural History

Anthony Hoskins appealed the denial of a Rule 3.801 motion in two consolidated criminal cases in Broward County.…

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Opinion of the Court
Levine

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANTHONY HOSKINS, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D19-680

[July 24, 2019]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case Nos. 14-5075CF10A and 14-14619CF10A.

Anthony Hoskins, Bonifay, pro se.

Ashley Moody, Attorney General, Tallahassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm without prejudice to the defendant’s right to file a motion under Florida Rule of Criminal Procedure 3.850 concerning the voluntariness of his plea. See Wolter v. State, 219 So. 3d 852 (Fla. 4th DCA 2017).

LEVINE, C.J., WARNER and FORST, JJ., concur.

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