Burton P. Long v. State of Florida
194 So. 3d 539
| Fla. Dist. Ct. App. | 2016Background
- Burton Long was charged with possession (>20g) and possession with intent to sell cannabis after a CI arranged a buy; the CI was the State’s primary eyewitness to alleged possession.
- At trial the CI testified that Long retrieved a half-pound of cannabis from woods; defense argued the CI planted the drugs and framed Long; first trial ended in a hung jury and mistrial.
- On recall, Long pled no contest and was scheduled for sentencing after a plea colloquy; about three weeks before sentencing Long moved to withdraw his plea.
- Long’s motion alleged newly discovered impeachment evidence: the CI had been arrested two days before Long’s plea for trafficking in cocaine and other felonies—information Long did not know when pleading.
- The trial court denied the motion, treating the CI’s arrest as cumulative impeachment/newly discovered evidence not warranting pre-sentence withdrawal; Long was later sentenced to 18 months and appealed.
Issues
| Issue | Plaintiff's Argument (Long) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether newly discovered impeachment evidence about the CI that was learned after plea but before sentencing justifies withdrawing a no-contest plea | The CI’s recent arrest for trafficking is highly material impeachment and raises a substantial question as to guilt because the CI was the sole eyewitness; Long would have proceeded to trial and used the arrest to impeach and to support a framing theory | Such newly discovered impeachment evidence is cumulative and generally not a basis to withdraw a pre-sentence plea; it does not affect voluntariness of the plea | Reversed: the CI’s arrest constituted admissible, material impeachment that raised a substantial question about Long’s guilt; plea withdrawal before sentencing must be permitted and case remanded for new trial |
Key Cases Cited
- Ketterer v. State, 69 So. 3d 1016 (Fla. 4th DCA 2011) (standard of review for denial of motion to withdraw plea)
- Rappaport v. State, 24 So. 3d 1211 (Fla. 4th DCA 2009) (motions to withdraw plea before sentencing construed liberally in favor of defendant)
- Robinson v. State, 761 So. 2d 269 (Fla. 2000) (mere allegations insufficient; proof plea was not voluntary required)
- Berry v. State, 106 So. 3d 500 (Fla. 4th DCA 2013) (newly discovered evidence generally not a ground for pre-sentence plea withdrawal; exception noted)
- State v. Braverman, 348 So. 2d 1183 (Fla. 3d DCA 1977) (newly discovered evidence that is inadmissible or not material to guilt insufficient to permit plea withdrawal)