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Harrell V. State

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eBook details

  • Title: Harrell V. State
  • Author : Supreme Court of Florida
  • Release Date : January 10, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

We must decide whether a motion to withdraw a plea that fails to allege that the trial court did not formally accept the plea nevertheless preserves that issue for review. In the case under review, the First District Court of Appeal held that, to preserve the issue for review, a defendant must specify the trial court's failure formally to accept the plea in his motion. See Harrell v. State, 826 So. 2d 1059, 1060 (Fla. 1st DCA 2002). The court certified conflict with Miller v. State, 775 So. 2d 394 (Fla. 4th DCA 2000). We have discretionary jurisdiction and granted review to resolve the conflict. See art. V, § 3(b)(4), Fla. Const.; Harrell v. State, 837 So. 2d 409 (Fla. 2003) (order granting review). As explained below, we approve the decision in Harrell.


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