WARREN S. DANIELS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Timeliness Of Motion cases and more on FLexlaw
PER CURIAM.
Warren Daniels (“Daniels”) appeals the trial court’s order denying his post-sentencing pro se motion to withdraw his plea. We affirm.
Daniels filed a motion to withdraw his plea nine months after entering a guilty plea. Daniels claimed his counsel coerced and misadvised him into taking the plea. The record shows that his motion was untimely under Florida Rule of Criminal Procedure 3.170(i). McKnight v. State, 964 So. 2d 803 (Fla. 3d DCA 2007).
Therefore, we affirm, but our affirmance is without prejudice to Daniels filing a sworn motion for post-conviction relief in conformance with Florida Rule of Criminal Procedure 3.850. Douze v. State, 945 So. 2d 653 (Fla. 4th DCA 2007).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cole v. State (Fla. 3d DCA 2021)…Florida Rule of Criminal Procedure 3.850.” McKnight v. State, 964 So. 2d 803, 804 (Fla. 3d DCA 2007) (quoting Gafford v. State, 783 So. 2d 1191, 1192 (Fla. 1st DCA 2001)); Sundwall v. State, 306 So. 3d 1061 (Fla. 3d DCA 2020); Daniels v. State, 974 So. 2d 1131 (Fla. 3d DCA 2008). Affirmed without prejudice to the filing of a timely and legally sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850.…
Authorities Cited
- Phillis C. Jodnauth v. Fla. Unemployment Appeals Comm'n, 964 So. 2d 803 (Fla. 3d DCA 2007)
- Elliot Courtney McKNIGHT v. State, 964 So. 2d 803 (Fla. 3d DCA 2007)
- R.S. v. Dep't of Child. & Families, 945 So. 2d 653 (Fla. 1st DCA 2007)