Florida District Courts of Appeal, 2010

Cruz v. State

Cruz v. State
Florida District Courts of Appeal · Decided March 10, 2010 · Polen, Stevenson, Hazouri
30 So. 3d 610; 2010 Fla. App. LEXIS 2922; 2010 WL 785932 (Southern Reporter, Third Series)

Cruz v. State

Opinion

PER CURIAM.

The trial court order summarily denying appellant’s motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170 is affirmed, without prejudice to appellant’s right to refile a timely motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, and for the trial court to consider it in accordance with rule 3.850(d), including its provisions for consideration of evidentiary hearing or record attachments if appropriate.

POLEN, STEVENSON and HAZOURI, JJ., concur.

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