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P.W. v. State

District Court of Appeal of Florida, First District
Jun 21, 2010
37 So. 3d 969 (Fla. Dist. Ct. App. 2010)

Summary

stating that the juvenile rules do not authorize a motion to withdraw a plea after disposition

Summary of this case from D.M. v. State

Opinion

No. 1D10-485.

June 21, 2010.

An appeal from the Circuit Court for Duval County. John M. Merrett, Judge.

Nancy A. Daniels, Public Defender, and Archie F. Gardner Jr., Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges a juvenile delinquency adjudication and disposition which was entered upon the appellant's guilty plea. The appellant later moved to withdraw his plea, and in this appeal he contends that the court should have granted that motion. However, the appellant has not shown any error in the court's denial of the motion, which was filed almost a month after the adjudication and disposition.

The Rules of Juvenile Procedure permit withdrawal of a plea "for good cause . . . at any time prior to the beginning of a disposition hearing. . . ." See Fla.R.Juv.P. 8.075(e). Those rules do not authorize withdrawal of a plea after disposition, and the appellant suggests that the "manifest injustice" standard which applies after sentencing in criminal cases, see e.g. Powell v. State, 929 So.2d 54 (Fla. 5th DCA 2006), should likewise apply here on the motion to withdraw after disposition. But even if we were to apply that standard in this juvenile proceeding, the appellant has not established any manifest injustice in this case and the denial of the motion to withdraw was a proper exercise of the juvenile court's discretion.

AFFIRMED.

PADOVANO, THOMAS, and CLARK, JJ., concur.


Summaries of

P.W. v. State

District Court of Appeal of Florida, First District
Jun 21, 2010
37 So. 3d 969 (Fla. Dist. Ct. App. 2010)

stating that the juvenile rules do not authorize a motion to withdraw a plea after disposition

Summary of this case from D.M. v. State
Case details for

P.W. v. State

Case Details

Full title:P.W., a child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 21, 2010

Citations

37 So. 3d 969 (Fla. Dist. Ct. App. 2010)

Citing Cases

D.M. v. State

The juvenile rules do not authorize moving to withdraw a plea after the disposition hearing. See P.W. v.…