LEVI JONATHAN
v.
STATE OF FLORIDA
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Levi Jonathan appealed a trial court order denying his motion to withdraw plea after sentencing. The appellate court dismissed the challenge to the denial of a motion to dismiss counsel as non-dispositive, reversed the trial court's reinstatement of an original probation order that erroneously stated Jonathan had entered a guilty plea, and affirmed the corrected probation order.
The court dismissed the challenge to the denial of the motion to dismiss counsel as non-dispositive and thus outside its jurisdiction. The court reversed the trial court's reinstatement of the original first page of the probation order because it erroneously stated Jonathan entered a guilty plea. The court affirmed other aspects of the trial court's order, including the corrected probation order from March 28, 2024.
“We reverse the provisions of the trial court's order rendered on June 12, 2025, that reinstated the original first page of the order of probation rendered on December 21, 2023, because that original first page erroneously stated that Jonathan entered a plea of guilty.”
Establishes the core holding that the reinstatement of the erroneous language was improper and requires reversal.
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Join FLexlaw to unlock all legal intelligenceJonathan was sentenced following acceptance of a guilty plea. The trial court issued a probation order on December 21, 2023, which contained language …
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case Nos. 6D2024-2081, 6D2024-2101
CONSOLIDATED
Lower Tribunal Nos. CF20-005124-XX and CF22-003220-XX
LEVI JONATHAN, Appellant, v. STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Polk County. Cassandra L. Denmark, Judge. September 19, 2025
WHITE, J.
Levi Jonathan appeals after the trial court denied his motion to withdraw plea after sentencing. We dismiss for lack of jurisdiction the challenge to the trial court's denial of Jonathan's motion to dismiss counsel because it is not dispositive. See Arena v. State, 376 So. 3d 78, 78–79 (Fla. 6th DCA 2023) (citing Fla. R. App. P. 9.140(b)(2)(A)(i)). We reverse the provisions of the trial court's order rendered on June 12, 2025, that reinstated the original first page of the order of probation
rendered on December 21, 2023, because that original first page erroneously stated that Jonathan entered a plea of guilty. Otherwise, we affirm without further discussion.¹
AFFIRMED in part; DISMISSED in part; and REVERSED in part. TRAVER, C.J., and SMITH, J., concur. Levi Jonathan, Frostproof, pro se.
James Uthmeier, Attorney General, Tallahassee, and J. Wade Stidham, Assistant Attorney General, Tampa, for Appellee.