BRENT EUGENE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-10-31
No. 2D01-2561
BLUE, C.J., and DAVIS, J., concur.
799 So. 2d 1093 Florida District Court of Appeal, Second District (2001) Negative Treatment
Cited by 4 cases
Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Brent Eugene Smith appeals the summary denial of his motion to withdraw plea. The trial court denied the motion as untimely, but did not attach any documents to support this finding. Based on the case number, the trial court’s order is likely correct. Nonetheless, nothing in the record conclusively shows that. We affirm because Smith’s motion was facially insufficient. This affirmance is however without prejudice to any right Smith might have to file a timely and facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed.

BLUE, C.J., and DAVIS, J., concur.

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  • Lake v. State, 72 So. 3d 234 (Fla. 4th DCA 2011)
    …a) is not an appropriate vehicle with which to seek out-of-state jail credit, see Gomez v. State, 984 So. 2d 577, 578-79 (Fla. 4th DCA 2008); Garnett v. State, 957 So. 2d 32 (Fla. 2d DCA 2007) (en banc) (receding from cases such as Robbins v. State, 799 So. 2d 1093 (Fla. 2d DCA 2001)); West v. State, 22 So. 3d 797 (Fla. 1st DCA 2009); Sambolin v. State, 2 So. 3d 1097 (Fla. 5th DCA 2009). Cf. Picariello v. State, 728 So. 2d 1185 (Fla. 3d DCA 1999) (considering the issue after treating appellant’s rule 3.800(a)…
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