NAVARRO
v.
STATE OF FLORIDA
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In this Anders appeal, Navarro challenges his conviction and sentence for driving with a suspended or revoked license as a second or subsequent offense. The court affirmed the judgment and sentence but remanded for the trial court to dismiss (rather than deny) Navarro's pro se motion to withdraw his plea, which was filed after notice of appeal when the trial court lacked jurisdiction to consider it.
The court affirmed Navarro's judgment and sentence but held that the trial court lacked jurisdiction to consider the motion to withdraw plea filed after notice of appeal and therefore should have dismissed rather than denied the motion. The affirmance is without prejudice to Navarro's right to file a motion under Florida Rule of Criminal Procedure 3.850.
“where appellant filed his pro se motion to withdraw plea after he filed his notice of appeal, the trial court lacked jurisdiction to consider the motion and should have dismissed rather than denied it”
Establishes the controlling legal principle that trial courts must dismiss, not deny, post-appeal motions to withdraw plea
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Join FLexlaw to unlock all legal intelligenceAllon Navarro was convicted of driving while license suspended or revoked (second or subsequent offense) and received a judgment and sentence. After f…
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PER CURIAM.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), Allon Navarro challenges his judgment and sentence for driving while license suspended or revoked (second or subsequent offense).
While we affirm Navarro's judgment and sentence, we remand with directions for the trial court to withdraw its earlier order denying Navarro's pro se motion to withdraw plea and to instead enter an order dismissing the motion. See Mingo v. State, 914 So. 2d 1070, 1070 (Fla. 2d DCA 2005) (explaining that where appellant filed his pro se motion to withdraw plea after he filed his notice of appeal, the trial court lacked jurisdiction to consider the motion and should have dismissed rather than denied it).
Our affirmance is without prejudice to Navarro's right to file a motion pursuant to Florida Rule of Criminal Procedure 3.850.
Affirmed; remanded with directions. SILBERMAN, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mingo v. State, 914 So. 2d 1070 (Fla. 2d DCA 2005)