MARCH BANKS WHITEMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-08-11
No. 80-728
Before BARKDULL, SCHWARTZ and FERGUSON, JJ.
404 So. 2d 135 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Raulerson v. State, 102 So. 2d 281 (Fla. 1958); Wingert v. State, 353 So. 2d 643 (Fla.3d DCA 1977); State v. Nova, 361 So. 2d 411 (Fla. 1978).


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  • Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984)
    …(Fla. 2d DCA 1983); Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983); Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983); Nichols v. State, 403 So. 2d 1089 (Fla. 1st DCA 1981); Freeman v. State, 376 So. 2d 294 (Fla. 2nd DCA 1979); Coy v. State, 404 So. 2d 135 (Fla. 4th DCA 1981). I would, accordingly, reverse the conviction and remand appellant’s case with directions that he be given an opportunity to withdraw his plea of nolo contendere, if he desires, and enter a plea of not guilty to the offense char…
  • Devard v. State, 504 So. 2d 28 (Fla. 2d DCA 1987)
    …reement, it either should have been honored, or, if for some reason the court could no longer accept the agreement, Devard should have been afforded an opportunity to withdraw the plea. Hill v. State, 441 So. 2d 650 (Fla. 2d DCA 1983). Coy v. State, 404 So. 2d 135 (Fla. 4th DCA 1981). Compare Brimmer v. State, 462 So. 2d 29 (Fla. 1st DCA 1984) (record demonstrated waiver of plea agreement by defendant). Upon remand the trial court may again deny the motion if the files and records in the case conclusively d…

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