Romeo v. State, 97-3991

• Decision Date: 07 January 1998
• Docket Number: No. 97-3991,97-3991
• Citation: 703 So.2d 1231
• Parties: 23 Fla. L. Weekly D138 William ROMEO, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1231

703 So.2d 1231

23 Fla. L. Weekly D138

William ROMEO, Appellant, v. STATE of Florida, Appellee.

No. 97-3991.

District Court of Appeal of Florida, Fourth District.

Jan. 7, 1998.

Rehearing Denied Jan. 30, 1998.

Eric M. Cohen, Miami, for appellant.

No brief filed for appellee.

PER CURIAM.

William Romeo appeals the trial court's order denying his motion to withdraw his plea to attempted first degree murder and armed burglary of a dwelling. Romeo had entered the change of plea during the second day of trial, when he became emotional during the victim's testimony. Two days later, he began his attempts to withdraw the plea, citing his emotional state at hearing the victim's testimony, coupled with concern over his counsel's unsuccessful motion to continue the trial.

Appellant relies on Yesnes v. State, 440 So.2d 628 (Fla. 1st DCA 1983), Smith v. State, 550 So.2d 174 (Fla. 1st DCA 1989), and Long v. State, 678 So.2d 925 (Fla. 1st DCA 1996), among others for support. We find appellant's cases inapposite, as they all represent more egregious situations. We note the trial court conducted a thorough and comprehensive plea colloquy, which refutes appellant's later assertions in support of his motion to withdraw the plea.

AFFIRMED.

GLICKSTEIN, DELL and POLEN, JJ., concur.