Foeley v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROGER FOELEY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-3851 Opinion filed October 18, 2002. Appeal from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge. James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. Roger Foeley appeals the trial court order which summarily denied his motion to withdraw plea. The denial is affirmed without prejudice for Foeley to file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850. If Foeley files such a timely motion, it shall not be deemed to be successive. Affirmed. ALTENBERND and STRINGER, JJ., Concur. -2-

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