Surovek v. State

District Court of Appeal of Florida

Surovek v. State

433 So. 2d 1030, 1983 Fla. App. LEXIS 27839

CourtDistrict Court of Appeal of Florida

DecidedJuly 6, 1983

DocketNo. 81-1822

StatusPublished

This text of 433 So. 2d 1030 (Surovek 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

Surovek v. State, 433 So. 2d 1030, 1983 Fla. App. LEXIS 27839 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

This is an appeal from the trial court’s order denying the defendant’s motion to withdraw her guilty plea. This motion was made a month before sentencing and about two weeks after the change of her plea from not guilty to guilty and immediately after defendant had changed counsel. No evidentiary hearing was conducted upon the motion to withdraw.

We have considered the multiple grounds asserted in the motion to withdraw. In balance we are of the opinion that the content of the motion was sufficient to [1031]*1031merit an evidentiary hearing. Stovall v. State, 252 So.2d 376, (Fla. 4th DCA 1971) and Brown v. State, 422 So.2d 1056 (Fla. 4th DCA 1982).

We reverse and remand with instructions to conduct an evidentiary hearing upon defendant’s motion to withdraw guilty plea.

Reversed and remanded.

BERANEK and WALDEN, JJ., concur. LETTS, J., dissents without opinion.

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