HARRIS v. STATE

No. 4D02-2828.

829 So.2d 381 (2002)

Johnny HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 6, 2002.


Attorney(s) appearing for the Case

Johnny Harris, Sanderson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The appellant filed a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(l). The state treated it as a motion for postconviction relief and argued it was untimely. On that basis, the trial court denied the motion.

In its response to our order to show cause, the state now concedes that the motion was timely as a motion to withdraw the plea, admitting its representations to the trial court were erroneous. Based...

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