CRYSTAL ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FARMER, J.
Five days after sentence was imposed on her plea of no contest, defendant filed a motion to withdraw her plea. One day later, she filed a pro se notice of appeal from her conviction. The trial court ruled that it lacked jurisdiction to consider her motion to withdraw plea since she filed a notice of appeal. We reverse.
We accept the State’s concession of error. When a timely-filed motion to withdraw a plea under rule 3.170(Z) is pending, the final judgment of conviction and sentence is not deemed rendered if a notice of appeal is filed before the motion is decided. See Fla. R.App. P. 9.020(h)(3) (if timely rule 3.170(Z) motion to withdraw plea after sentencing has been filed and notice of appeal is then filed before entry of order disposing of such motion, the motion shall not be affected by filing of notice of appeal from judgment of guilt, notice of appeal shall be treated as prematurely filed, and appeal held in abeyance until entry of order disposing of such motion); see also Smith v. State, 900 So. 2d 732, 733 (Fla. 4th DCA 2005) (where timely motion to withdraw plea is pending when notice of appeal is filed, trial court still has jurisdiction to decide motion).
Reversed.
SHAHOOD and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adkinson v. State, 36 So. 3d 836 (Fla. 1st DCA 2010)…9.* Eight days later, on August 25, 2009, Appellant filed a pro se motion to withdraw his plea. On September 25, 2009, the trial court entered an order summarily denying the motion on the merits. In its denial, the trial court cited Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006), for the proposition that it had jurisdiction to consider the motion notwithstanding the previously-filed notice of appeal. Adams is distinguishable because in that case the motion to withdraw the plea was filed before the notice…
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Bolden v. State, 10 So. 3d 710 (Fla. 5th DCA 2009)…PER CURIAM. The facts in this case are virtually identical to the facts in Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006). Nine days after the imposition of his sentence, Bolden moved to withdraw his plea. Five days later, and before the motion could be heard, Bolden filed a notice of appeal. The trial court erroneously ruled that it lacked jurisdic…
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Khalil Flozel Taylor v. State (Fla. 1st DCA 2019)…of an order disposing of the motion); Davis v. State, 763 So. 2d 519 (Fla. 5th DCA 2000) (finding trial 2 court retains jurisdiction to consider a motion to withdraw plea, filed simultaneously with notice of appeal); see also Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006) (finding trial court retains jurisdiction to decide timely motion to withdraw plea that is pending when notice of appeal is filed). REVERSED and REMANDED. LEWIS, KELSEY, and M.K. THOMAS, JJ., concur. __________________…
Authorities Cited
- Tibor Sternberg and Sandra Sternberg v. Allstate Ins. Co., 900 So. 2d 732 (Fla. 4th DCA 2005)