ALEX BROWN
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-09-04
No. 2023-0015
Hersch, J., Lindsey, J., Lobree, J., Bokor, J.
2024 FL 10694 Florida District Court of Appeal, Third District (2024)

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Holding

The trial court's judgment is affirmed because the record conclusively refutes the appellant's claims and no manifest injustice has been demonstrated.


Key Quotes

“The defendant also challenges the trial court's summary denial of her motion to withdraw her plea. As the record before us conclusively refutes [defendant's] claim and [defendant] has failed to demonstrate that a manifest injustice has occurred, we affirm.”

Citation to Wendt v. State, 19 So. 3d 1024, 1027 (Fla. 3d DCA 2009), applied as precedent for the affirmance.

Facts & Procedural History

Alex Brown appealed a decision from the Circuit Court for Miami-Dade County. The specific facts underlying the appeal are not detailed in this per cur…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed September 4, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0015 Lower Tribunal No. F19-1192A ________________

Alex Brown, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, and Gabrielle M. Argimon, Certified Legal Intern, for appellee.

Before LINDSEY, LOBREE, and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See, e.g., Wendt v. State, 19 So. 3d 1024, 1027 (Fla. 3d DCA 2009) (“The defendant also challenges the trial court’s summary denial of her motion to withdraw her plea. As the record before us conclusively refutes [defendant’s] claim and [defendant] has failed to demonstrate that a manifest injustice has occurred, we affirm.”).


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