Ivory 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 ROBERT IVORY, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ______________________________________) Opinion filed June 18, 2008. Appeal from the Circuit Court for Hillsborough County; William Fuente, Judge. James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Robert Ivory, pro se. Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. WHATLEY, Judge. Case No. 2D06-4952 In this Anders1 appeal of his judgments and sentences, Ivory argues that the trial court erred in denying his pro se motion to withdraw plea. However, Ivory filed that motion without unequivocally requesting discharge of counsel. See King v. State, 939 So. 2d 1196 (Fla. 2d DCA 2006). Accordingly, we reverse and remand with directions that the trial court strike Ivory's pro se motion to withdraw plea filed on September 5, 2006. See id. Reversed and remanded with directions. CASANUEVA and DAVIS, JJ., Concur. 1 Anders v. California, 386 U.S. 738 (1967). -2-

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