IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA STATE OF FLORIDA, vs. CASE NO.: 2008-CT-3440 THERESE MARIE MARTIN, Defendant. 8 RD ORDER ON MOTION TO WITHDRAWAL PLEA AFTER SENTENCING u THIS COURT having considered the Defendant’s pro se Modification to WithdFawal Plea After Sentencing, having reviewed the records of this case and all documents Fertisient 0 the Defendant’s motion, and being otherwise fully advised in the premises, finds as follows: 1, The Defendant was arrested on November 4, 2008. The Probable Cause Affidavit indicates that the Law Enforcement Officer tracked the Defendant’s vehicle by radar at 70 mph in a 50 mph zone. After the traffic stop, a computer check revealed that her driver's license was suspended for failure to pay child support. 2. On March 16, 2009, the Defendant pleaded no contest to a charge of DWLSIR, first offense, She was adjudicated guilty, sentenced to six months of probation with early termination upon obtaining a valid license, a $100.00 fine, 30 hours of community service, plus court costs. 3. In the present motion, the Defendant requests to withdrawal her plea based upon ineffective assistance of counsel. Her theory is that she had an “outrageous government conduct defense,” which her counsel refused to assert. She claims that the final judgment in her divorce case in Pasco County was illegal and void and that it is this judgment which lead to her driver’s license revocation for child support arrearages. She contends that had her counsel wasineffective for failing to file a motion to dismiss and then remove her case to federal court to assert the “outrageous government conduct defense.” Her counsel strongly advised her that this defense was not possible, that going to trial would certainly result in an incareerative sentence, and therefore urged her to plead no contest to avoid jail time. The Defendant claims that her plea was involuntary because she was coerced into pleading no contest when there was an available defense, As a result, she requests that conflict counsel should be appointed and an evidentiary hearing held to determine the merits of her motion. 4, Although the Defendant's motion is timely and an involuntary plea is a valid reason to withdraw a plea, the claim is wholly without merit. First, the Defendant suggests that because the Judge in her Pasco County divorce case was subsequently removed from the bench, her final judgment of dissolution of marriage was mull and void. However, the Pasco County Judge was removed from the bench for matters completely unrelated to the Defendant's divorce. See InRe Renke, 933 So.2d 382 (Fla, 2006), There is nothing in the Supreme Court Opinion to indicate that Judge Renke’s judicial decisions while on the bench are null and void. Further, this Court has reviewed the claim of outrageous government conduct claim based upon a state court judge’s misconduct. Ortiz v. Almager, 2008 WL 789746, *6 (C.D.Cal. 2008) (“Government misconduct rises to the level of a constitutional violation only where it ‘so infected the trial with unfaimess as to make the resulting conviction a denial of due process.””) (other citations omitted). It appears to this Court that defense counsel’s advice that such a claim would not work was exceptionally prudent. Any claim challenging her Pasco County divorce judgment should have been raised in Pasco County and would not serve as a defense for a Citrus County traffic citation, ‘The Defendant admits in her motion that she was driving Citrus County while her license was suspended. Therefore, her claim of ineffective assistance of counsel is without merit. Moreover,the motion, obviously filed by a paralegal unlicensed to practice law, is frivolous, an abuse of the process, constitutes a waste of judicial resources, and could subject the Defendant to sanctions. Based upon the foregoing, itis thereupon: ORDERED AND ADJUDGED: The Defendant's pro se Modification to Withdrawal Plea After Sentencing is DENIED. 13 DONE AND ORDERED in Chambers at Inverness, Citrus County, Florida this CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished to the following by U.S, Mail/courthouse mailbox delivery this 2 day of Cugace 2009. [x] Therese Marie Martin, 10918 Norwood Avenue, Port Richey, FL 34668. [x] Office of the State Attomey, via courthouse mailbox. [x] Office of the Public Defender, via courthouse mailbox. Niudicial AssistantDeputy Clerk