CHRISTOPHER KENNETH MILLER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-11-02
No. 21-0827
Arendas, J., Lambert, C.J., Traver, J., Nardella, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A defendant seeking to withdraw a guilty plea after sentencing must demonstrate a manifest injustice requiring correction.


Headnotes

[1] A defendant is bound by sworn answers given during a plea colloquy and cannot withdraw a guilty plea after sentencing absent a showing of manifest injustice requiring cor…

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Key Quotes

“once sentence has been imposed, to withdraw a plea a defendant must demonstrate a manifest injustice requiring correction”

Standard for post-sentencing plea withdrawal from State v. Partlow

Facts & Procedural History

Christopher Kenneth Miller appealed the denial of his motion to withdraw guilty pleas in three criminal cases from Osceola County.…

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Opinion of the Court
Lambert

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

CHRISTOPHER KENNETH MILLER, Appellant, v. Case No. 5D21-827 LT Case Nos. 2020-CT-001439 2020-CT-001438 2020-TR-021199 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 2, 2021 Appeal from the County Court for Osceola County, Christine E. Arendas, Judge. Christopher Kenneth Miller, Kissimmee, pro se. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Partlow, 840 So. 2d 1040, 1042 (Fla. 2003) (holding that “once sentence has been imposed, to withdraw a plea a

2 defendant must demonstrate a manifest injustice requiring correction” (citing Lopez v. State, 536 So. 2d 226, 229 (Fla. 1988))); Bonamy v. State, 313 So. 3d 1214, 1215 (Fla. 5th DCA 2021) (affirming denial of the defendant’s motion to withdraw plea where “[t]he coercion alleged after sentencing is refuted by the transcript and the written plea agreement” (quoting Rivera v. State, 984 So. 2d 574, 574 (Fla. 5th DCA 2008) (additional citations omitted))); Thompson v. State, 50 So. 3d 1208, 1211 (Fla. 4th DCA 2010) (“A defendant is bound by his sworn answers during a plea colloquy.” (citing Iacono v. State, 930 So. 2d 829, 831 (Fla. 4th DCA 2006))). LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.


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