Miller v. State

Full title: Christopher Kenneth MILLER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Nov 2, 2021

328 So. 3d 1142 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D21-827

11-02-2021

Christopher Kenneth MILLER, Appellant, v. STATE of Florida, Appellee.

Christopher Kenneth Miller, Kissimmee, pro se. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Christopher Kenneth Miller, Kissimmee, pro se.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Partlow , 840 So. 2d 1040, 1042 (Fla. 2003) (holding that "once sentence has been imposed, to withdraw a plea a defendant must demonstrate a manifest injustice requiring correction" (citing Lopez v. State , 536 So. 2d 226, 229 (Fla. 1988) )); Bonamy v. State , 313 So. 3d 1214, 1215 (Fla. 5th DCA 2021) (affirming denial of the defendant's motion to withdraw plea where "[t]he coercion alleged after sentencing is refuted by the transcript and the written plea agreement" (quoting Rivera v. State , 984 So. 2d 574, 574 (Fla. 5th DCA 2008) (additional citations omitted))); Thompson v. State , 50 So. 3d 1208, 1211 (Fla. 4th DCA 2010) ("A defendant is bound by his sworn answers during a plea colloquy." (citing Iacono v. State , 930 So. 2d 829, 831 (Fla. 4th DCA 2006) )).

LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.