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648 So. 2d 263

Docket No. 94-108.

Johnson v. State

Carl JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 30, 1994.

District Court of Appeal of Florida · decided 1994-12-30

Key passage — most relied on by later courts

“Johnson's basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it.”

quoted by 2 later decisions, including Acee v. State, 745 So. 2d 469 - State v. Rajaee

Relies on Tibero v. State · Hunt v. State · 428 So. 2d 369 - N.U., Inc. v. T & R Seafood, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-30

How this case has been cited

Cited by 9 later decisions — most recently May 2015

9 state decisions

40199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3W. SHARP, Judge.

¶4Johnson appeals from his conviction and sentence for grand theft,[1] which was rendered by the trial court after accepting his guilty plea. He claims the trial court erred in failing to permit him to withdraw his guilty plea and in imposing a $60.00 fee to First Step of Volusia County as a special condition of his probation. We affirm, but strike the fee award.

¶5Johnson's basis for seeking to withdraw his guilty plea in this case was that he was unaware of his own probationary status stemming from another criminal case at the time he pled guilty. Where the mistake or misunderstanding in entering a plea is attributable to the defendant, it is not error for the court to refuse to allow withdrawal of it. Goff v. State,498 So.2d 1035 (Fla. 1st DCA 1986). No abuse of discretion on the part of the trial judge has been shown in this case for not permitting Johnson to withdraw his plea.[2]

¶6However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State,646 So.2d 213 (Fla. 5th DCA 1994); Eckenrode v. State,638 So.2d 214 (Fla. 5th DCA 1994); Gedeon v. State,636 So.2d 178 (Fla. 5th DCA 1994); Botts v. State,634 So.2d 197 (Fla. 5th DCA 1994).

¶7In all other respects the judgment and sentence is AFFIRMED.

¶8COBB and DIAMANTIS, JJ., concur.

NOTES

¶9[1] § 812.014, Fla. Stat. (1993).

¶10[2] Hunt v. State,613 So.2d 893 (Fla. 1992); Gore v. State,552 So.2d 1185 (Fla. 5th DCA 1989); Brown v. State,428 So.2d 369 (Fla. 5th DCA 1983).

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