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106 So. 3d 500

Berry v. State

District Court of Appeal of Florida

Decided January 30, 2013

District Court of Appeal of Florida · decided 2013-01-30

Cited by 1 later decisions — most recently June 2016

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2013-01-30

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POLEN, J.,

¶1dissenting.

¶2I respectfully dissent. When Berry entered her plea, she alleges it was because the co-defendant, whom she believed would be a defense witness, had absconded. When he was later rearrested, and thus available to Berry if her plea were withdrawn, she filed the instant motion to withdraw the plea prior to sentencing. I would hold this was good cause shown to allow withdrawal of the plea. I would reverse.

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