Legal Question in Criminal Law in Florida

Denial of Withdrawal of Guilty plea and denial of a restitution hearing.

I pled guilty to 2 felonies on June 28 2005.

I did so on the advice of a public defender who grossly misrepresented the future results of the probabtion and restitution.

When it became obvious, I called the Clerk of the Judge and requested a hearing in which to withdraw my plea, about 10 days after the sentencing. The clerk scheduled the hearing for 13 days after the 30 day limit and told me not to worry about it.

She was wrong! I could not have the hearing when I appeared before the judge. Denied!

I also sought a restitution hearing. My public defender refused to seek one...which would have reduced the restitution from 82K to 6K or far less.

I was never asked by the judge specifically if I could afford to pay $700 a month at the plea entry.

In a previous hearing the judge did ask if i could pay and I said on the record 'not until I had a job' Plea denied.

My 'attorney' told me I would not be violated, the judge knew what my financial situation was and to make a 'good faith effort' at paying until I went to work.

MY PO told me 'you've been had'at the 1st meeting. A month later I was violated.

Can I appeal and how do I do it?

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