HERALD v. STATE

No. 2D99-2389.

755 So.2d 763 (2000)

Richard E. HERALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 31, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Richard E. Herald appeals his judgment and sentence in three cases, arguing the court erred in refusing to allow him to withdraw his plea and in failing to follow the statutory prerequisites in sentencing him as a habitual offender. We reverse because the record is clear that Herald moved to withdraw his plea prior to sentencing and prior to the court formally accepting the plea. As this court stated in Mackey v. State, 743 So...

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