JOSEPH FERREIRA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-12-03
No. 21-0306
Wallis, J., Edwards, J., Wozniak, J., Epperson, Jr., J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A trial court must conduct an evidentiary hearing on a motion to withdraw a guilty plea before sentencing when the record does not conclusively refute the defendant's claim that he did not understand a collateral consequence of the plea.

Headnotes

[1] When a defendant moves to withdraw a guilty plea before sentencing and claims he did not understand a collateral consequence of the plea, the trial court must conduct an…

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Key Quotes

“the record does not conclusively refute his claim that he did not understand that entering the plea would result in the revocation of his driver's license”

Court's explanation for reversal
Facts & Procedural History

Ferreira entered a guilty plea and subsequently moved to withdraw it before sentencing, claiming he did not understand that the plea would result in r…

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Topics
Evidentiary Hearing Requirement

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Opinion of the Court
Wallis

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

JOSEPH FERREIRA, Appellant, v. Case No. 5D21-306 LT Case Nos. 2020-AP-000015 2020-CT-001056 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 3, 2021 Appeal from the County Court for Osceola County, Hal C. Epperson, Jr., Judge. Robert Wesley, Public Defender, and Mary Ibrahim, Assistant Public Defender, Kissimmee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

REVERSED and REMANDED with Instructions.

EDWARDS and WOZNIAK, JJ., concur.

Footnotes
2 Appellant appeals the judgment and sentence entered after the trial court denied his motion to withdraw his plea before sentencing. We agree with Appellant that the record does not conclusively refute his claim that he did not understand that entering the plea would result in the revocation of his driver's license. Therefore, we reverse and remand for the trial court to conduct an evidentiary hearing on Appellant's claim. See Rivera v. State, 136 So. 3d 609, 611–12 (Fla. 2d DCA 2013) (reversing summary denial of motion to withdraw plea before sentencing and remanding for an evidentiary hearing where the record did not conclusively refute appellant's claim that she involuntarily entered the plea based on misapprehension).

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