CRYSTAL PURCELL
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant is entitled to withdraw a no contest plea prior to sentencing as a matter of right when good cause is shown, and ignorance of a collateral consequence of the plea constitutes good cause even though failure to inform of that consequence does not render the plea involuntary.
[1] A defendant is entitled to withdraw a no contest plea prior to sentencing as a matter of right when good cause is shown, and ignorance of a collateral consequence of the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Failure to inform [a defendant] of [a] collateral consequence may not have rendered the plea involuntary, but . . . ignorance of it does meet the 'good cause' test for a pre-sentence plea withdrawal.”
Court distinguishing between involuntariness and good cause for plea withdrawal
Crystal Purcell entered a no contest plea to two counts of child abuse. Prior to sentencing, she moved to withdraw her plea, alleging that her attorne…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Good Cause For Plea Withdrawal cases and more on FLexlaw
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
CRYSTAL PURCELL,
Appellant,
v. Case No. 5D17-2901
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 7, 2019
Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge.
James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Crystal Purcell appeals the order denying her pre-sentence motion to withdraw her no contest plea and the judgment and sentence that the trial court entered based on that plea. Because Purcell established good cause to withdraw the plea, we reverse.
Id.
However, "[w]hen a defendant files a motion to withdraw his plea prior to sentencing, pursuant to Florida Rule of Criminal Procedure 3.170(f), he is entitled to withdraw his plea as a matter of right when good cause is shown." Johnson v. State, 947 So. 2d 1208, 1210 (Fla. 5th DCA 2007). "Failure to inform [a defendant] of [a] collateral consequence may not have rendered the plea involuntary, but . . . ignorance of it does meet the 'good cause' test for a pre-sentence plea withdrawal." Id. Thus, while failing to inform Purcell of the collateral consequence of the termination of her parental rights may not have rendered her plea involuntary, her ignorance of the consequence does establish good cause.
WALLIS, EDWARDS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Partlow, 840 So. 2d 1040 (Fla. 2003)
- Johnson v. State, 947 So. 2d 1208 (Fla. 5th DCA 2007)
- Brown v. State, 943 So. 2d 899 (Fla. 5th DCA 2006)
- Slater v. State, 880 So. 2d 802 (Fla. 5th DCA 2004)