Florida District Courts of Appeal, 2004

Walls v. State

Walls v. State
Florida District Courts of Appeal · Decided December 8, 2004 · Charles, Farmer, Greene, Shahood
888 So. 2d 724; 2004 Fla. App. LEXIS 18769; 2004 WL 2823458 (Southern Reporter, Second Series)

Walls v. State

Opinion of the Court

FARMER, C.J.

We reverse the trial court’s refusal to allow defendant to withdraw his plea. His motion was timely, and therefore the issue is preserved. See Haag v. State, 591 So.2d 614 (Fla. 1992) (mail box rule applied to prisoner filings; papers deemed filed when placed in hands of prison authorities for mailing). The record discloses beyond any doubt that the trial court failed to advise defendant of the mandatory minimum penalties that would have to be assessed. On remand the court shall allow defendant to withdraw his plea and begin anew.

SHAHOOD, J., and GREENE, CHARLES M., Associate Judge, concur.

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