HOLMES v. STATE

No. 98-0332.

728 So.2d 1214 (1999)

Andrus HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 24, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


OWEN, WILLIAM C., Jr., Senior Judge.

Defendant appeals the denial of his timely motion to withdraw his guilty plea. In denying the motion the trial court appropriately described it as "playing legal games with the court." Nonetheless, the defendant, playing by the state's rules and with the hand he was dealt, was entitled to withdraw his plea. We reverse.

Defendant was charged with dealing in stolen property, resisting arrest with violence, and two counts...

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