JOE BOLDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOE BOLDEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
10 So. 3d 710
Florida District Court of Appeal, Fifth District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
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 jurisdiction to hear the motion. Id.; see also Smith v. State, 900 So.2d 732, 733 (Fla. 4th DCA 2005) (recognizing that where timely motion to withdraw plea is pending when notice of appeal is filed, trial court still has jurisdiction to decide motion). Accordingly, we reverse for consideration of the motion to withdraw plea.
REVERSED.
GRIFFIN, TORPY and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Micah C. Davidson v. State, 192 So. 3d 709 (Fla. 5th DCA 2016)
Authorities Cited
- Tibor Sternberg and Sandra Sternberg v. Allstate Ins. Co., 900 So. 2d 732 (Fla. 4th DCA 2005)
- Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006)
- Ross v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006)