Wilson Francois v. State of Florida
This text of Wilson Francois v. State of Florida (Wilson Francois v. State of Florida) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed May 20, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1526 Lower Tribunal No. F21-6451 ________________
Wilson Francois, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Laura Shearon Cruz, Judge.
Law Offices of Philip R. Horowitz, and Philip R. Horowitz, for appellant.
James Uthmeier, Attorney General, and Jason Michael Ross, Assistant Attorney General, for appellee.
Before SCALES, C.J., and LOGUE and MILLER, JJ.
PER CURIAM.
The standard of review for a lower court’s denial of a motion to
withdraw a plea is abuse of discretion. See Coley v. State, 350 So. 3d 168, 168 (Fla. 3d DCA 2022). Moreover, “[w]here (as here) [a motion to withdraw
a plea] is filed after sentence has been imposed, the defendant bears the
burden of establishing that a ‘manifest injustice has occurred.’” Toomer v.
State, 410 So. 3d 709, 712 (Fla. 3d DCA 2025) (quoting Williams v. State,
919 So. 2d 645, 646 (Fla. 4th DCA 2006)). Nothing in this record indicates
the trial court abused its discretion in denying Appellant’s motion to withdraw
his plea considering the extensive colloquy conducted by the trial court when
it accepted the Appellant’s plea.
Affirmed.
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