LEHMKUHLE v. STATE

No. 2D08-4554.

20 So.3d 971 (2009)

John William LEHMKUHLE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 16, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

John Lehmkuhle appeals his judgment and sentence for grand theft. He argues that the trial court erred in denying his motion to withdraw his guilty plea without giving him an opportunity to be heard on the motion. We agree and reverse.

Lehmkuhle entered a guilty plea to grand theft. He had traded a generator stored on his property for a forklift. The party who obtained the generator did not realize Lehmkuhle did not own it, and he sold it. When...

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