Williams v. State
Williams sought to withdraw his nolo contendere plea to fentanyl trafficking, arguing his counsel misadvised him that he could appeal his sentence and 'be out.' The trial court denied the motion, reasoning there was no authority requiring counsel to advise on whether an appeal would be meritorious, but the Sixth DCA reversed, holding the uncontroverted misadvice rendered the plea involuntary and constituted manifest injustice.
Key facts
- Williams pleaded nolo contendere to fentanyl trafficking charges after his counsel advised him he could appeal his sentence and 'be out,' which Williams relied upon in accepting the plea.
- The trial court denied Williams's motion to withdraw the plea, finding no authority requiring counsel to advise on whether an appeal would be meritorious.
- +1 more key fact with a free trial
Why it matters
This decision reinforces that affirmative misadvice by counsel—even misadvice unrelated to the direct sentencing consequences of a plea, such as false assurances about appellate rights—can render a plea involuntary and… — full analysis with a trial
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