5D08-3645 Charles Ware v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3645

Case Date: 08/24/2009

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

CHARLES WARE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 28, 2009 Appeal from the Circuit Court for Volusia County, J. David Walsh, Judge. Raymond M. Warren, of Warren & Warren, P.A., Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D08-3645

PER CURIAM. We affirm the defendant's conviction and sentence because we believe the trial court did not abuse its discretion in denying the defendant's motion to withdraw his plea. However, this affirmance is without prejudice to the defendant raising the ineffective assistance of counsel claim in a postconviction proceeding pursuant to rule 3.850, Florida Rules of Criminal Procedure. AFFIRMED. SAWAYA, COHEN and JACOBUS, JJ., concur.

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