Campbell v. State

Summary

The Florida Supreme Court held that a defendant may not withdraw a guilty or nolo contendere plea after sentencing solely because the trial court did not verbally state that it formally accepted the plea under Florida Rule of Criminal Procedure 3.172(g). The Court ruled that actual sentencing constitutes formal acceptance and that post-sentencing withdrawal is governed by Rule 3.170(l), requiring a showing of manifest injustice or prejudice.

Holdings

1. A defendant seeking to withdraw a guilty or nolo contendere plea after rendition of sentence must demonstrate manifest injustice or prejudice; the defendant does not have an automatic right to withdraw the plea based solely on a procedural omission.
2. Actual sentencing of a defendant in accordance with the plea agreement is a sufficient affirmative act constituting formal acceptance of the plea under Florida Rule of Criminal Procedure 3.172(g).

Questions Presented

1. Whether a defendant seeking to withdraw a guilty or nolo contendere plea after sentencing must show manifest injustice or prejudice.
2. Whether actual sentencing constitutes a sufficient formal acceptance of a plea under Florida Rule of Criminal Procedure 3.172(g), notwithstanding the trial court's failure to verbally announce acceptance during the plea colloquy.
3. Whether Rule 3.172(g) permits withdrawal of a plea after sentencing solely because the trial court did not expressly state that it accepted the plea.

Disposition

approved