Collins v. State, 4D02-4020.

Decision Date12 November 2003
Docket NumberNo. 4D02-4020.,4D02-4020.
Citation858 So.2d 1197
PartiesDemetrice COLLINS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Cynthia Grooms Marvin of Marvin, Smith & Alonzo, P.A., Stuart, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

Collins entered a negotiated plea of no contest to multiple charges where the state agreed to a sentence "cap" of ten years and waived habitual offender status. At the time of the plea, the trial court conducted a complete colloquy and Collins signed an extensive plea form. Subsequently, Collins filed a motion to withdraw plea. We affirm the order denying the motion to withdraw plea and the judgment and sentence.

At the hearing on the motion to withdraw the plea, Collins claimed that his attorney told him that it would be in his best interest to change his plea and that if he did not like the sentence given, Collins could withdraw the plea at that time and would be entitled to a trial.

Collins testified that he advised his attorney, a few days after the plea, that he wanted to withdraw it. The attorney advised Collins to take time to reconsider and wait until sentencing before seeking to withdraw the plea. Counsel acknowledges that he was not aware of the heavier burden of proof imposed by waiting; however, the point is moot as the trial court explicitly treated the motion as if it had been made before sentencing, applying the lesser burden imposed in Florida Rule of Criminal Procedure 3.170(f). The rule provides that "[t]he court may in its discretion, and shall on good cause, at any time before the sentence, permit a plea of guilty to be withdrawn." Thus, upon a showing of good cause, a defendant must be allowed to withdraw a plea. Upon a showing of less than good cause, withdrawal of the plea is within the court's discretion. Catinella v. State, 732 So.2d 444, 445 (Fla. 4th DCA 1999).

Clearly, a defendant's entry of a plea based upon his attorney's mistaken advice can be a basis for a motion to withdraw plea. Snodgrass v. State, 837 So.2d 507, 508 (Fla. 4th DCA 2003). The issue, therefore, is whether the claim of misadvice is proved and whether it constitutes good cause in the context of the record.

Upon taking the plea, the trial court made it clear to Collins that he would not be entitled to withdraw his plea after it was entered and accepted. The record reflects that, upon taking the plea, the court instructed, "You understand, as your attorney said to you, if you change your mind after today, tomorrow, tonight, an hour from now, it's too late once you enter this plea. Do you understand that?" The court later emphasized, "You can—you can ask for less than that, but if you get ten years you can't do a thing about changing this plea or doing anything about it. You understand that, sir?"

The record also reflects that Collins's...

To continue reading

Request your trial
3 cases
  • Wagner v. State, 5D03-756.
    • United States
    • Court of Appeal of Florida (US)
    • February 4, 2005
    ...State, 404 So.2d 403, 405 (Fla. 5th DCA 1981)). Good cause must be established within the context of the record. See Collins v. State, 858 So.2d 1197 (Fla. 4th DCA 2003). Moreover, "[i]n order to show cause why the plea should be withdrawn, mere allegations are not enough; the defense must ......
  • Hormaeche v. State
    • United States
    • Court of Appeal of Florida (US)
    • July 6, 2022
    ...a plea based upon his attorney's mistaken advice can be a valid basis for finding good cause [to withdraw a plea]."); Collins v. State , 858 So. 2d 1197, 1198 (Fla. 4th DCA 2003) ("Clearly, a defendant's entry of a plea based upon his attorney's mistaken advice can be a basis for a motion t......
  • Hormaeche v. State
    • United States
    • Court of Appeal of Florida (US)
    • July 6, 2022
    ...a plea based upon his attorney's mistaken advice can be a valid basis for finding good cause [to withdraw a plea]."); Collins v. State, 858 So.2d 1197, 1198 (Fla. 4th DCA 2003) ("Clearly, a defendant's entry of a plea based upon his attorney's mistaken advice can be a basis for a motion to ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT