D.E.R. v. State

District Court of Appeal of Florida

D.E.R. v. State

993 So. 2d 1030, 2008 Fla. App. LEXIS 781

District Court of Appeal of Florida·Decided January 25, 2008·No. No. 2D07-676·Published·Cited by 7 cases

Opinion

SILBERMAN, Judge.

We affirm the order withholding adjudication and placing D.E.R. on probation without prejudice to his filing a petition for writ of habeas corpus in the circuit court to challenge the voluntariness of his plea based on alleged ineffective assistance of counsel. See State v. T.G., 800 So.2d 204, 213 (Fla.2001) (recognizing that Florida Rule of Criminal Procedure 3.850 does not apply to juvenile proceedings); J.M.B. v. State, 750 So.2d 654, 655 (Fla. 2d DCA 1999) (stating that when a juvenile does not file a motion to withdraw his plea, “the proper avenue for a juvenile to challenge the voluntariness of his plea is by petition for writ of habeas corpus in the circuit court”).

Affirmed.

SALCINES and VILLANTI, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SILBERMAN, Judge.

We affirm the order withholding adjudication and placing D.E.R. on probation without prejudice to his filing a petition for writ of habeas corpus in the circuit court to challenge the voluntariness of his plea based on alleged ineffective assistance of counsel. See State v. T.G., 800 So.2d 204, 213 (Fla.2001) (recognizing that Florida Rule of Criminal Procedure 3.850 does not apply to juvenile proceedings); J.M.B. v. State, 750 So.2d 654, 655 (Fla. 2d DCA 1999) (stating that when a juvenile does not file a motion to withdraw his plea, “the proper avenue for a juvenile to challenge the voluntariness of his plea is by petition for writ of habeas corpus in the circuit court”).

Affirmed.

SALCINES and VILLANTI, JJ„ concur.

D.E.R. v. State, 993 So. 2d 1030, 2008 Fla. App. LEXIS 781 (Fla. Ct. App. 2008).

Pincite

993 So. 2d 1030 (D.E.R. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related