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Calloway v. State

District Court of Appeal of Florida, First District
Aug 17, 1995
658 So. 2d 1235 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2852.

August 17, 1995.

An appeal from the Circuit Court for Bay County; Clinton E. Foster, Judge.

Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.


Because the trial court had not formally accepted appellant's plea at the time he moved to withdraw it, the court erred by denying the request for withdrawal. See Fla.R.Crim.P. 3.172(f); Howard v. State, 516 So.2d 31 (Fla. 1st DCA 1987); Hyde v. State, 405 So.2d 445 (Fla. 1st DCA 1981), review denied, 412 So.2d 466 (Fla. 1982); Duque v. State, 582 So.2d 126 (Fla. 4th DCA 1991); Bass v. State, 541 So.2d 1336 (Fla. 4th DCA 1989); Harden v. State, 453 So.2d 550 (Fla. 4th DCA 1984).

Appellant's conviction is therefore REVERSED and the case is REMANDED for further proceedings.

ERVIN, LAWRENCE and VAN NORTWICK, JJ., concur.


Summaries of

Calloway v. State

District Court of Appeal of Florida, First District
Aug 17, 1995
658 So. 2d 1235 (Fla. Dist. Ct. App. 1995)
Case details for

Calloway v. State

Case Details

Full title:WENDELL CALLOWAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 17, 1995

Citations

658 So. 2d 1235 (Fla. Dist. Ct. App. 1995)