STATE v. PHILLIPS

No. 4D09-4063.

62 So.3d 1159 (2011)

STATE of Florida, Appellant, v. Nicholas PHILLIPS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 1, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Narine N. Austin , Assistant Public Defender, West Palm Beach, for appellee.


STEVENSON, J.

The State appeals an order granting the defendant's motion to withdraw his plea on the basis that it was involuntary since he was not advised at the colloquy by the trial judge that the plea carried with it a mandatory minimum sentence and no entitlement to gain time. Because the trial court specifically found that defendant was advised of the aforementioned consequences of the plea by his attorney, we reverse.

On June 2, 2004, the defendant...

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