RICHARD J. SMITH
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-09-25
No. 1D2022-3492
2024 FL 11503 Florida District Court of Appeal, First District (2024)

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Synopsis

Richard J. Smith appealed his conviction and sentence following the trial court's denial of his motion to withdraw his plea. The Florida District Court of Appeal, First District affirmed both the conviction and the imposition of costs under Florida law.


Holding

The court affirmed the trial court's denial of Smith's motion to withdraw plea and affirmed the imposition of costs under section 938.27(8), Florida Statutes.


Headnotes

[1] A trial court's denial of a motion to withdraw a guilty plea will be upheld absent an abuse of discretion and a showing that the defendant established grounds warranting…

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Key Quotes

“we affirm the trial court's imposition of costs under section 938.27(8), Florida Statutes”

Establishes that the appellate court upheld both the denial of the plea withdrawal motion and the costs imposed.

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Facts & Procedural History

Smith entered a plea that was subsequently found guilty. He filed a motion to withdraw his plea, which was denied by the trial court. The trial court …

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Opinion of the Court

September 25, 2024 PER CURIAM.

Richard J. Smith appeals his judgment and sentence following the denial of a motion to withdraw plea. Based on our review of the record, we affirm.* Further, we affirm the trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So. 3d 392, 392–93 (Fla. 1st DCA 2023), rev. granted, SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024).

LEWIS, ROBERTS, and RAY, JJ., concur.

* See Anders v. California, 386 U.S. 738 (1967).

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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