5D08-2884 Douglas Keene v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-2884

Case Date: 05/11/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

DOUGLAS W. KEENE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 15, 2009 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. Douglas W. Keene, Bristol, pro se. Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D08-2884

PER CURIAM. We affirm the summary denial of Douglas Keene's post-sentencing motion to withdraw his plea. See Powell v. State, 929 So. 2d 54 (Fla. 5th DCA 2006). Our decision to deny Keene's motion is without prejudice to allow him to assert the same or similar issues in a properly pled and timely filed motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. AFFIRMED. PALMER, C.J., ORFINGER, J., and PLEUS, JR., R., Senior Judge, concur.

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