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799 So. 2d 1093

Smith v. State

District Court of Appeal of Florida

Decided October 31, 2001

District Court of Appeal of Florida · decided 2001-10-31

Cited by 2 later decisions — most recently October 2011

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-31

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WHATLEY, Judge.

¶1Brent Eugene Smith appeals the summary denial of his motion to withdraw plea. The trial court denied the motion as untimely, but did not attach any documents to support this finding. Based on the case number, the trial court’s order is likely correct. Nonetheless, nothing in the record conclusively shows that. We affirm because Smith’s motion was facially insufficient. This affirmance is however without prejudice to any right Smith might have to file a timely and facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850.

¶2Affirmed.

BLUE, C.J., and DAVIS, J., concur.
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