PAUL COPELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is appellant’s Anders appeal. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm appellant’s conviction and sentence, Leonard v. State, 760 So. 2d 114 (Fla.2000); Maddox v. State, 760 So. 2d 89 (Fla.2000); Robinson v. State, 373 So. 2d 898 (Fla.1979); Garrett v. State, 788 So. 2d 328 (Fla. 4th DCA 2001), without prejudice to any right appellant has to raise issues concerning the voluntary nature of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant’s motion to withdraw plea. McCray v. State, 840 So. 2d 274 (Fla. 4th DCA), rev. denied, 851 So. 2d 729 (Fla.2003).
FARMER, C.J., STONE and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 203 So. 3d 192 (Fla. 4th DCA 2016)…untariness of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant’s subsequently-filed pro se motion to withdraw plea. Copeland v. State, 867 So. 2d 643 (Fla. 4th DCA 2004) (citing McCray v. State, 840 So. 2d 274, 275 (Fla. 4th DCA 2003)). Affirmed MAY, DAMOORGIAN and LEVINE, JJ., concur.…
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Flores v. State, 211 So. 3d 68 (Fla. 4th DCA 2017)…ilar situation and held that “[t]he notice of appeal divested the trial court of jurisdiction to rule on appellant’s subsequently-filed ... motion to withdraw plea.” Walker v. State, 203 So. 3d 192, 192 (Fla. 4th DCA 2016) (citing Copeland v. State, 867 So. 2d 643, 643 (Fla. 4th DCA 2004)); see also McCray v. State, 840 So. 2d 274, 275 (Fla. 4th DCA 2003). Sister courts have held the same. See, e.g., Smith v. State, 113 So. 3d 110, 111 (Fla. 5th DCA 2013); Wilson v. State, 814 So. 2d 1203, 1204 (Fla. 2d DCA 2…
Authorities 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)
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Garrett v. State, 788 So. 2d 328 (Fla. 4th DCA 2001)
- Moore v. State, 840 So. 2d 274 (Fla. 3d DCA 2003)