Kelly v. State

17 So. 3d 1272, 2009 Fla. App. LEXIS 14253, 2009 WL 3046513
Procedural entryThis page is a short order in Kelly v. State. Read the opinion of the Court — 939 So. 2d 1150
District Court of Appeal of Florida·Decided September 25, 2009·No. 5D08-1757·Published

Opinion

PER CURIAM.

Christopher Kelly appeals from the denial of his post-sentencing motion to withdraw plea. Initially, we observe that it is unclear from the record below whether Kelly’s motion was timely filed on May 22, 2008, or untimely filed on May 27, 2008. We treat Kelly’s motion as timely filed and affirm the trial court’s order. There was ample evidence to support the trial court’s determination that Kelly entered his negotiated plea voluntarily and with full knowledge and approval of his counsel’s pre-trial strategy.

AFFIRMED.

TORPY, EVANDER and COHEN, JJ., concur.

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Kelly v. State, 17 So. 3d 1272, 2009 Fla. App. LEXIS 14253, 2009 WL 3046513 (Fla. Ct. App. 2009).

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