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Peak v. State

District Court of Appeal of Florida, Second District
Jun 8, 1994
647 So. 2d 164 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-00415.

June 8, 1994.

Appeal from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge.

Richard J. Sanders, Gulfport, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.


Appellant, John Peak, Jr., challenges the judgments and sentences of the trial court. He argues that the trial court erred in denying his motion to withdraw his pleas of no contest that he filed pro se prior to sentencing. We affirm because Mr. Peak has not shown that the trial court abused its discretion under Florida Rule of Criminal Procedure 3.170(f). Williams v. State, 316 So.2d 267, 273 n. 6 (Fla. 1975). Our affirmance, however, is without prejudice to Mr. Peak filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 "demonstrating that a manifest injustice occurred because the trial court failed to establish a factual basis for his pleas." Yarish v. State, 420 So.2d 649 (Fla. 2d DCA 1982).

Affirmed.

RYDER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.


Summaries of

Peak v. State

District Court of Appeal of Florida, Second District
Jun 8, 1994
647 So. 2d 164 (Fla. Dist. Ct. App. 1994)
Case details for

Peak v. State

Case Details

Full title:JOHN PEAK, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 8, 1994

Citations

647 So. 2d 164 (Fla. Dist. Ct. App. 1994)