Peguero v. State

Florida District Courts of Appeal
Peguero v. State, 861 So. 2d 523 (2003)
2003 Fla. App. LEXIS 19260; 2003 WL 22970945
Orfinger, Sharp, Torpy

Peguero v. State

Dissenting Opinion

SHARP, W., J.,

dissenting.

This is an Anders case.1 In my view, appellant has stated a potentially meritorious defense to his conviction and sentence — that he was forced to accept a plea to two cases (02-118 and 02-3804) or proceed to trial at a time when his trial counsel was not prepared because he had just been assigned the second case (02-3804), which the state intended to use at the trial in case number 02-1118. Thus the trial court may have abused its discretion by denying a continuance or the appellant’s motion to withdraw his plea. I would order appellant’s counsel to file a merit brief addressing that issue, and have this case proceed as a non-Anders case.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Opinion of the Court

PER CURIAM.

AFFIRMED.

ORFINGER and TORPY, JJ., concur. SHARP, W., J., dissenting, with opinion.

Reference

Full Case Name
Miliades PEGUERO v. STATE of Florida
Cited By
1 case
Status
Published