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SMITH v. STATE

No. 4D08-1527.

7 So.3d 635 (2009)

Noah B. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 2009.

Attorney(s) appearing for the Case

Noah B. Smith, Doral, pro se.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Noah Smith, pro se, appeals the denial of his rule 3.170(l) motion to withdraw his plea as involuntary. He alleges that counsel told him that if he entered an open plea, the court would reinstate his probation. The plea colloquy conclusively refutes his allegation. During the plea colloquy, Smith confirmed that by entering the plea, he did not know what his sentence would be. He also confirmed that no one...

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