Peak v. State

District Court of Appeal of Florida

Peak v. State

647 So. 2d 164, 1994 Fla. App. LEXIS 5677, 1994 WL 248063

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 1994

DocketNo. 93-00415

StatusPublished

This text of 647 So. 2d 164 (Peak v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peak v. State, 647 So. 2d 164, 1994 Fla. App. LEXIS 5677, 1994 WL 248063 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Appellant, John Peak, Jr., challenges the judgments and sentences of the trial court. He argues that the trial court erred in denying his motion to withdraw his pleas of no contest that he filed pro se prior to sentencing. We affirm because Mr. Peak has not shown that the trial court abused its discretion under Florida Rule of Criminal Procedure 3.170(f). Williams v. State, 316 So.2d 267, 273 n. 6 (Fla.1975). Our affirmance, however, is without prejudice to Mr. Peak filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 “demonstrating that a manifest injustice occurred because the trial court failed to establish a factual basis for his pleas.” Yarish v. State, 420 So.2d 649 (Fla. 2d DCA 1982).

Affirmed.

RYDER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.

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

PER CURIAM.

Appellant, John Peak, Jr., challenges the judgments and sentences of the trial court. He argues that the trial court erred in denying his motion to withdraw his pleas of no contest that he filed pro se prior to sentencing. We affirm because Mr. Peak has not shown that the trial court abused its discretion under Florida Rule of Criminal Procedure 3.170(f). Williams v. State, 316 So.2d 267, 273 n. 6 (Fla.1975). Our affirmance, however, is without prejudice to Mr. Peak filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 “demonstrating that a manifest injustice occurred because the trial court failed to establish a factual basis for his pleas.” Yarish v. State, 420 So.2d 649 (Fla. 2d DCA 1982).

Affirmed.

RYDER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

647 So. 2d 164, 1994 Fla. App. LEXIS 5677, 1994 WL 248063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peak-v-state-fladistctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack