Johnson v. State, 94-108
| Decision Date | 30 December 1994 |
| Docket Number | No. 94-108,94-108 |
| Citation | 648 So.2d 263 |
| Parties | 20 Fla. L. Weekly D90 Carl JOHNSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.
Johnson appeals from his conviction and sentence for grand theft, 1 which was rendered by the trial court after accepting his guilty plea. He claims the trial court erred in failing to permit him to withdraw his guilty plea and in imposing a $60.00 fee to First Step of Volusia County as a special condition of his probation. We affirm, but strike the fee award.
Johnson's basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it. Goff v. State, 498 So.2d 1035 (Fla. 1st DCA 1986). No abuse of discretion on the part of the trial judge has been shown in this case for not permitting Johnson to withdraw his plea. 2
However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So.2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So.2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So.2d 197 (Fla. 5th DCA 1994).
In all other respects the judgment and sentence is AFFIRMED.
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...solely within the knowledge or control of the defendant has not been approved as a basis for withdrawing a plea. In Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994), this court Johnson's basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probati......
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Gibson v. State, 94-2357
...$84.00 to First Step of Volusia County, Inc., which we strike. See Walker v. State, 653 So.2d 484 (Fla. 5th DCA 1995); Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994); Tibero v. State, 646 So.2d 213 (Fla. 5th DCA AFFIRMED; Condition to pay First Step of Volusia County, Inc. STRICKEN. DA......
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Garren v. State
...court to refuse to allow withdrawal of it." See Acee v. State, 935 So.2d 1258, 1258-59 (Fla. 5th DCA 2006) (quoting Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994)). When a defendant enters an open plea, he or she indicates a "willingness to accept anything up to and including the maxim......
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Acee v. State, 5D04-2374.
...to understand the seriousness of penalties are not necessarily sufficient grounds to require a competency hearing); Johnson v. State, 648 So.2d 263 (Fla. 5th DCA 1994) ("Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not for the court to ref......