MICHAEL LOWE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant was properly adjudicated an adult and that his motion to withdraw guilty pleas was correctly denied due to lack of jurisdiction. However, the sentences imposed exceeded the statutory maximum.
A juvenile defendant pleaded guilty to felony murder, grand theft, and attempted armed robbery. He was adjudicated an adult and later sought to withdr…
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FULMER, Judge.
The defendant, who was a juvenile at the time he committed the offenses, appeals his adjudication as an adult and the denial of his motion to withdraw his guilty pleas. We affirm on these issues, but reverse for correction of the defendant’s sentence.
The defendant was charged with, and pled guilty to, first degree felony murder, grand theft, and two counts of attempted armed robbery. The defendant contends that he was not properly adjudicated as an adult offender. Because the defendant was charged with a crime punishable by death or life imprisonment, however, he was correctly treated as an adult pursuant to section 39.022(5)(c)(1), Florida Statutes (1991).
The defendant also contends that the trial court erred in denying his motion to withdraw his guilty pleas. The trial court’s ruling was correct because the motion was filed after the defendant had filed a notice of appeal and, thus, the trial court no longer had jurisdiction to consider the motion. See Harrell v. State, 197 So. 2d 505 (Fla.1967); Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991).
For each of the two counts of attempted armed robbery, the defendant was sentenced to thirty years’ imprisonment, with a three year minimum mandatory. The statutory maximum sentence for this crime is fifteen years’ incarceration. See sections 774.04(4)(b) and 812.12(2)(a), Florida Statutes (1991). Accordingly, on remand the sentence should be corrected to reflect the statutory maximum. The trial court may again impose the three year minimum mandatory on each count.
The defendant’s convictions are affirmed, but the cause is remanded for correction of the sentence.
HALL, A.C.J., and THREADGILL, J., concur.
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Ossie L. Davis v. State, 763 So. 2d 519 (Fla. 5th DCA 2000)…plea which the trial court later denied. During oral argument before us, the question arose as to whether the trial court had jurisdiction to consider the motion to withdraw the plea once the notice of appeal was filed. Cases such as Lowe v. State, 644 So. 2d 510 (Fla. 2d DCA 1994), have held that a trial court loses jurisdiction to consider a motion to withdraw a plea once the notice of appeal is filed. The facts here, however are unique in that the notice of appeal and the motion to withdraw the plea were…
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Sweeting v. State, 835 So. 2d 1279 (Fla. 4th DCA 2003)…RIAM. Vincent Sweeting seeks review of the trial court’s order, denying his motion to withdraw plea. The judge determined that it lacked jurisdiction in light of Sweet-ing’s pending direct appeal of the plea and sentence. See, e.g., Lowe v. State, 644 So. 2d 510 (Fla. 2d. DCA 1994). We reverse and remand for further proceedings as this court had relinquished jurisdiction to the trial court for the purpose of ruling on the pending motion, though our review of the record reflects that the trial court had not…
Authorities Cited
- Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991)
- Harrell v. State, 197 So. 2d 505 (Fla. 1967)