5D04-105 Wayne Percival v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-105

Case Date: 01/24/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

WAYNE RICHARD PERCIVAL, Appellant, v. STATE OF FLORIDA, Appellee. __________________________________________/ Opinion filed January 28, 2005 Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, J. The appellant, Wayne Richard Percival, asserts that the trial court erred in denying his motion to withdraw his plea of no contest to the second degree felony of DUI manslaughter 1 based on a purported failure of the State to abide by the plea agreement, and the purported failure of the trial court to conduct an evidentiary hearing Case No. 5D04-105

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