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SC02-2244
State: Florida
Court: Supreme Court
Docket No: SC02-2244
Case Date: 02/10/2005
Preview:Supreme Court of Florida
____________ No. SC02-2244 ____________ DWAYNE LAMONT HARRELL, Petitioner, vs. STATE OF FLORIDA, Respondent. [February 10, 2005] CANTERO, J. We must decide whether a motion to withdraw a plea that fails to allege that the trial court did not formally accept the plea nevertheless preserves that issue for review. In the case under review, the First District Court of Appeal held that, to preserve the issue for review, a defendant must specify the trial court's failure formally to accept the plea in his motion. See Harrell v. State, 826 So. 2d 1059, 1060 (Fla. 1st DCA 2002). The court certified conflict with Miller v. State, 775 So. 2d 394 (Fla. 4th DCA 2000). We have discretionary jurisdiction and granted review to resolve the conflict. See art. V,
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