BOUTWELL v. STATE

No. 5D99-3548.

776 So.2d 1014 (2001)

Travies E. BOUTWELL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.


Attorney(s) appearing for the Case

Robert Eagan, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Travies E. Boutwell ["Boutwell"] complains on appeal that the trial court erred in failing to allow him to withdraw his plea.

In October 1998, the State charged Boutwell with violation of section 800.04, Florida Statutes, lewd or lascivious assault upon a child under sixteen years of age. In September 1999, Boutwell entered a plea of no contest. In his written plea agreement, Boutwell agreed, in pertinent part:

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