Gillette v. State
The Second DCA reversed a probation revocation and five-year sentence, holding that the trial court improperly dismissed Gillette's pro se letters seeking to withdraw his felony battery plea as untimely and meritless. The court found the letters were timely under the mailbox rule and rendition rules, and that Gillette's allegation that counsel misrepresented his release date stated a facially sufficient claim entitling him to an evidentiary hearing under Sheppard v. State.
Key facts
- Gillette, an incarcerated defendant, filed pro se letters seeking to withdraw his felony battery plea, alleging his counsel misrepresented his release date, which the trial court dismissed as untimely and meritless.
- The trial court relied on the oral pronouncement of sentence to calculate the 30-day filing deadline under rule 3.170(l), rather than the date of the written probation order.
- +2 more key facts with a free trial
Why it matters
This opinion is useful for practitioners litigating plea-withdrawal timeliness disputes, particularly where jail mail lacks official date stamps or where confusion exists about which order (oral pronouncement vs… — full analysis with a trial
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