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CALLOWAY v. STATE

No. 94-2852.

658 So.2d 1235 (1995)

Wendell CALLOWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 17, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Because the trial court had not formally accepted appellant's plea at the time he moved to withdraw it, the court erred by denying the request for withdrawal. See Fla.R.Crim.P. 3.172(f); Howard v. State, 516 So.2d 31 (Fla. 1st DCA 1987); Hyde v. State, 405 So.2d 445 (Fla. 1st DCA 1981), review denied, 412 So.2d 466 (Fla. 1982); Duque v. State,

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