Florida District Courts of Appeal, 2002

Foeley v. State

Florida District Courts of Appeal · Decided October 18, 2002 · Altenbernd, Salcines, Stringer

828 So. 2d 483; 2002 Fla. App. LEXIS 15177; 2002 WL 31323330 (Southern Reporter, Second Series)

Opinion of the Court

SALCINES, Judge.

Roger Foeley appeals the trial court order which summarily denied his motion to withdraw plea. The denial is affirmed without prejudice for Foeley to file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850. If Foe-ley files such a timely motion, it shall not be deemed to be successive.

Affirmed.

ALTENBERND and STRINGER, JJ., concur.

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