final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.140(b)(2)
from the Circuit Court for Miami-Dade County, Richard L.
Hersch, Judge Lower Tribunal No. 16-9676.
del Carmen Calzon, for appellant.
Moody, Attorney General, for appellee.
SALTER, FERNANDEZ, and LINDSEY, JJ.
appellant/defendant, Charles Milton, appeals the denial of
his motion to vacate a plea of no contest, filed two weeks
after his acceptance of the plea in an extensive colloquy in
open court and his sentencing pursuant to the terms of the
plea. Following our review of Milton's initial brief and
the record, and pursuant to Florida Rule of Appellate
Procedure 9.315(a), we affirm.
2017, the State filed an amended information charging the
appellant/defendant, Charles Milton, with: one count of
attempted first degree murder; two counts of tampering with a
witness, victim, or informant; and one count of perjury. On
January 7, 2019, the case was set for trial and jury
selection was about to begin. Counsel for the State and for
Milton advised the trial court that Milton "is willing
to plead guilty to a State prison sentence of 12 years in
State prison, followed by five years of reporting
probation." The State requested a special condition stay
away order from the two victims in the case, and that
provision was also accepted.
that announcement, Milton asked to speak to the court in open
court, which was allowed. He requested "a week furlough
so that I can speak to my family" with a sentence of
"25 years or whatever" to apply if he violated at
the end of the furlough. The trial court declined that
condition. Milton was duly sworn and the plea colloquy was
the close of the colloquy, Milton told the court he wanted to
ask for another attorney. The court inquired, "is there
something specific that you wanted done, or that this lawyer
is not doing for you?" In the absence of responsive
concerns or complaints, the trial court offered Milton the
opportunity to accept the plea or go to trial. Milton then
told the court that he would take a plea, though he
ultimately asked to plead "no contest" rather than
"guilty." The trial court allowed him to do so, and
Milton stated unequivocally and under oath that he wished to
take the plea.
days after the plea and imposition of sentence, Milton's
attorneyplaced the case back on the trial
court's morning calendar. Milton's counsel reported
to the court that Milton had contacted her office through an
intermediary to advise that "he wanted to withdraw his
plea and he wanted it on the calendar." The court
advised Milton's attorney that a written motion would be
necessary before he would consider and rule on such a motion.
weeks after the plea, sentencing, and judgment, Milton filed
his written motion to withdraw plea. The trial court heard
the motion the following week. The trial court denied the
motion without an evidentiary hearing, based on the
sufficiency of the plea colloquy and the insufficiency of the
claim of involuntariness under the requirements of Florida
Rule of Criminal Procedure 3.170(l). This appeal