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613 So. 2d 612

McCoy v. State

District Court of Appeal of Florida

Decided February 24, 1993

District Court of Appeal of Florida · decided 1993-02-24

Cited by 1 later decisions — most recently April 1993

1 state decisions

Relies on 597 So. 2d 256 - Koenig v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-24

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PER CURIAM.

¶1Appellant contends the trial court erred in denying his motion to withdraw his plea, tendered prior to sentencing. We agree and reverse.

¶2In our view, appellant has shown good cause for withdrawal of his plea and has established that the trial court, in taking the plea, failed to cover all of the factors set forth in Florida Rule of Criminal Procedure 3.172(c). Although the trial judge did ask appellant whether he understood the change of plea form, he never personally determined whether appellant understood, inter alia, that he was giving up his right to trial by jury or his right to appeal all matters relating to the judgment. Furthermore, as appellant correctly contends, the trial judge never satisfied himself on the record that there was a factual basis for the plea. See Koenig v. State, 597 So.2d 256 (Fla.1992).

¶3We find the other two issues raised by appellant to be without merit.

GLICKSTEIN, C.J., and GUNTHER and POLEN, JJ., concur.
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