ANTHONY HENRY FICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence, holding that a trial court lacks jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced.
A trial court has no jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced.
[1] A trial court lacks jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced; such issues must be raised in the trial court before a…
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Join FLexlaw to unlock all legal intelligenceAppellant Fick entered a guilty plea and subsequently filed a notice of appeal. After filing the notice of appeal, he filed a motion to withdraw his p…
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COWART, Judge.
Appellant complains that the trial court erred in accepting his guilty plea. After filing his notice of appeal, the appellant filed in the trial court a motion to withdraw his plea which was treated as a Fla.R.Crim.P. 3.850 motion for post-conviction relief and denied. The Public Defender has filed an Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) motion and brief representing to this court that no reversible error appears and requesting leave to withdraw as counsel for appellant. This court gave appellant thirty (30) days within which to file a brief in his own behalf. None was filed. We have reviewed counsel’s brief and examined the record and find the case is without merit. Issues concerning the voluntary nature or intelligent character of a plea must always be first presented to the trial court for relief on a motion to withdraw the plea and then an appeal taken to review an adverse ruling. Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). A trial court has no jurisdiction to consider such a motion after an appeal has been commenced. Brooks v. State, 209 So. 2d 271 (Fla.1st DCA 1968); Barton v. State, 193 So. 2d 627 (Fla.2d DCA 1966).
The Public Defender’s motion to withdraw is granted and the judgment and sentence is
AFFIRMED.
DAUKSCH, C. J., and SHARP, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982)…. State, 373 So. 2d 898 (Fla.1979). Any question of the voluntary and intelligent character of the plea should first be presented to the trial court in a motion to withdraw the plea. Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). The appeal is dismissed without prejudice to the right of appellant to seek collateral relief in the trial court. The motion of the public defender to withdraw is granted. App…
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Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983)…Bryant’s motion, but solely upon the lower court’s lack of jurisdiction to consider the collateral relief motion while an appeal from Bryant’s conviction is pending in this court. Harpham v. State, 415 So. 2d 863 (Fla. 5th DCA 1982); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980). ORFINGER, C.J., and SHARP, J., concur.…
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Harpham v. State, 415 So. 2d 863 (Fla. 5th DCA 1982)…udge. The trial court was correct in holding that it has no jurisdiction to consider a motion for collateral relief under Florida Rule of Criminal Procedure 3.850 while an appeal from appellant’s conviction is pending in this court. Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980). Procedurally, a request for a new trial based on newly discovered evidence is not properly brought under Rule 3.850. The correct way to seek relief on this ground is by a petition for writ of error coram nobis containing the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- Barton v. State, 193 So. 2d 627 (Fla. 2d DCA 1966)
- Bennie W. Brooks v. State, 209 So. 2d 271 (Fla. 1st DCA 1968)