FREDDRICK D. HINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We reverse the order denying Freddrick Hines’ motion to withdraw plea and remand with directions to dismiss the motion for lack of jurisdiction. Because Mr. Hines had filed a notice of appeal directed to judgment and sentence, the lower court was without jurisdiction to act on his subsequently filed motion to withdraw plea. See Mingo v. State, 914 So.2d 1070, 1070 (Fla. 2d DCA 2005) (“Because Mingo filed his pro se motion to withdraw plea after he filed his notice of appeal, the trial court was without jurisdiction to consider that motion.” (citing Sharp v. State, 884 So.2d 510, 512 (Fla. 2d DCA 2004))); McCray v. State, 840 So.2d 274, 275 (Fla. 4th DCA 2003) (“The notice of appeal filed in this case divested the trial court of jurisdiction to enter any further rulings, including [on] appellant’s motion to withdraw plea.”).
We reverse and remand without prejudice to Mr. Hines’ right to seek postconviction relief under Florida Rule of Criminal Procedure 3.850. See McCray, 840 So.2d at 275 (noting decision was “without prejudice to any right appellant might have to raise this issue in any motion filed pursuant to Florida Rule of Criminal Procedure 3.850.” (citing Wilson v. State, 814 So.2d 1203 (Fla. 2d DCA 2002))).
Reversed and remanded with directions.
DAVIS and MARSTILLER, 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)…t affect the trial court’s ability to rule on the motion. Id. By contrast, in this case, the motion to withdraw the plea was filed after the notice of appeal, which divested the trial court of jurisdiction to consider the motion. See Hines v. State, 32 So. 3d 678 (Fla. 1st DCA 2010); Mingo v. State, 914 So. 2d 1070 (Fla. 2d DCA 2005); McCray v. State, 840 So. 2d 274 (Fla. 4th DCA 2003). Because the trial court was without jurisdiction to consider Appellant’s motion to withdraw plea, the trial court should h…
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Jones v. State, 175 So. 3d 933 (Fla. 1st DCA 2015)…r rule upon Appellant’s motion to withdraw plea filed after the notice of appeal, we reverse the order denying the motion and remand for the trial court to dismiss the motion. See Adkinson v. State, 36 So. 3d 836 (Fla. 1st DCA 2010); Hines v. State, 32 So. 3d 678 (Fla. 1st DCA 2010). [*934] AFFIRMED in part; REVERSED in part and REMANDED with instructions. LEWIS, WETHERELL, and MAKAR, JJ., concur.…
Authorities Cited
- Sharp v. State, 884 So. 2d 510 (Fla. 2d DCA 2004)
- Wilson v. State, 814 So. 2d 1203 (Fla. 2d DCA 2002)
- Moore v. State, 840 So. 2d 274 (Fla. 3d DCA 2003)
- Mingo v. State, 914 So. 2d 1070 (Fla. 2d DCA 2005)