Thompson v. State
2010 Fla. App. LEXIS 19827
| Fla. Dist. Ct. App. | 2010Background
- Defendant charged with possession of marijuana over twenty grams; stop of vehicle led to police finding a marijuana cigarette and over twenty grams in defendant's possession.
- At hearing, defendant pled no contest and accepted state's offer: withhold of adjudication and eighteen months of probation.
- Court informed defendant he would be adjudicated guilty and would lose driving privileges for two years; defendant acknowledged and no jail time was accepted.
- Probation imposed for one year with conditions: no alcohol or illegal drugs and testing; court advised against driving; defendant acknowledged.
- Within 30 days, defendant moved to withdraw plea under Rule 3.170(Z), alleging involuntary plea and lack of understanding of license suspension consequences.
- Circuit court later denied the motion to withdraw; record lacked motion transcripts and hearings; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the motion to withdraw plea properly denied as an abuse of discretion? | Defendant argues denial was erroneous given alleged involuntariness. | State contends the record supports no relief and requires no evidentiary hearing. | No; denial affirmed based on record supporting no relief. |
| Was an evidentiary hearing required on misadvice about license suspension? | Defendant asserts affirmative misadvice necessitates hearing. | State argues record shows no misadvice or lack of volition; hearing unnecessary. | No; record shows defendant answered truthfully and was bound by plea colloquy. |
| Did waiver/abandonment or mootness principles affect the motion? | Defendant contends filing notice of appeal did not waive or moot the motion. | State claims later actions rendered motion moot. | Correcting error; motion was not moot, but waiver/abandonment issues remained unresolved. |
Key Cases Cited
- Bolware v. State, 995 So.2d 268 (Fla. 2008) (informing about license suspension not a direct consequence of plea at time of plea)
- Iacono v. State, 930 So.2d 829 (Fla. 4th DCA 2006) (defendant bound by sworn plea colloquy)
- Nelfrard v. State, 34 So.3d 221 (Fla. 4th DCA 2010) (due process requires hearing if facially sufficient motion to withdraw plea)
- Bach v. State, 953 So.2d 22 (Fla. 4th DCA 2007) (affirmative misadvice cannot be entertained for first time on rehearing or appeal)
- Robertson v. State, 829 So.2d 901 (Fla.2002) (search for any theory in the record to support ruling despite improper reasoning)
- Johnson v. State, 971 So.2d 212 (Fla. 4th DCA 2008) (denial of motion to withdraw plea reviewed for abuse of discretion)