E.L. v. State
E.L. v. State
Opinion of the Court
E.L. challenges the denial of his request to withdraw his plea to violations of community control. Because E.L. never entered a plea that could be accepted pursuant to Rule of Juvenile Procedure 8.080, we reverse.
At a subsequent hearing before a successor judge, E.L. sought to withdraw his plea contending that he misunderstood the results of his earlier plea. The successor judge had no reason to know the major deficiencies in the prior hearing and declined to permit the withdrawal of the plea.
As in D.V.L. v. State, 693 So.2d 693 (Fla. 2d DCA 1997), the plea colloquy is legally inadequate. The record affirmatively discloses that no inquiry was made that comports with rule 8.080. See Parr v. State, 415 So.2d 1353 (Fla. 4th DCA 1982).
Reversed and remanded for further proceedings to allow E.L. to withdraw his plea.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.