McInturff v. State, 38 Fla. L. Weekly D868a (Fla. 5th DCA April 19, 2013):  There are no certain “time” requirements under Rule 3.170(f), regarding when a defendant can file a motion to withdraw a plea before sentencing.  It just has to be filed before sentencing.  In fact, a motion to withdraw plea can be made during the sentencing hearing.  It is then up to the discretion of the court whether to grant the motion, depending on the basis for the motion.  If the defendant has established “good cause” for withdrawing the plea, then the judge shall permit the plea to be withdrawn.  In this case, the defendant decided at the time of sentencing that he wanted to withdraw his plea.  The State complained that it had not seen a written motion, and the judge denied the motion, finding that it was “untimely” and didn’t “follow the rules.”  Reversed.

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