posted 2015 | I.A. v. State
Client was arrested and charged with 1st degree arson with injuries, arson and insurance fraud. He hired a well-known criminal defense attorney and was advised to enter a no contest plea. Hesitantly, he entered an open plea which required that he be sent to prison. The client hired another defense attorney who brought Mr. Forman into the case in order to submit a motion to withdraw plea in the trial court. Mr. Forman argued that the client’s open plea to all of the convictions violated double jeopardy.
The trial court denied the motion. The client then hired Mr. Forman to handle the appeal and Mr. Forman won the appeal! The Fourth District Court of Appeal reversed the trial court’s denial of the client’s motion to withdraw plea and found that his plea did constitute a double jeopardy violation! Client was very pleased, especially since he had immigration issues.