Collins v. State
Docket: No. 4D02-4020
Court: District Court of Appeal of Florida; November 11, 2003; Florida; State Appellate Court
Collins entered a no contest plea to multiple charges with a ten-year sentence cap and waived his habitual offender status. During the plea colloquy, the trial court ensured Collins understood the implications of his plea and that it could not be withdrawn afterward. After the plea, Collins sought to withdraw it, claiming his attorney advised him he could do so if he did not like the sentence. However, the attorney denied this claim, stating he never suggested that the plea was reversible post-acceptance. The court evaluated Collins's motion to withdraw the plea under Florida Rule of Criminal Procedure 3.170(f), which allows withdrawal before sentencing upon showing good cause. Although a defendant can withdraw a plea based on attorney misadvice, the trial court found no evidence that Collins was misadvised regarding his plea or the consequences of entering it. The court emphasized that Collins had been adequately informed of the plea's finality and the potential sentences. Collins, a high school graduate with prior court experience, admitted understanding the trial court's instructions and did not contest the sufficiency of the plea colloquy. Ultimately, the trial court determined that Collins entered the plea freely and voluntarily with effective counsel, affirming the denial of his motion to withdraw the plea and the resulting judgment and sentence.