JERRY CAMON A/K/A/ KEVIN DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-03-30
No. 3D09-2949
Before GERSTEN, WELLS, and SALTER, JJ.
57 So. 3d 972 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jerry Camón appeals the denial of his Rule 3.850 post-conviction relief motion. The court reversed, holding that the trial court prematurely considered the 3.850 motion before the underlying judgment became final, which occurs only when the trial court files a signed written order disposing of a timely Rule 3.170(i) motion to withdraw plea.


Holding

The court held that it was premature to consider Camón's 3.850 motion until the underlying judgment was final, which occurs when the trial court files a signed written order disposing of the timely 3.170(i) motion. A timely motion to withdraw plea delays rendition of judgment and sentence until a signed written order is filed.


Headnotes

[1] A timely motion to withdraw a plea delays the finality of a judgment and sentence until the trial court enters a signed, written order disposing of that motion.

[2] A motion for post-conviction relief filed before the judgment and sentence become final is premature.

Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“A timely motion to withdraw plea delays rendition of a defendant's judgment and sentence until the trial court files a signed, written order disposing of the motion.”

Establishes the legal principle that finality of judgment is delayed until a signed order disposes of the withdrawal motion.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Camón filed a pro se Rule 3.850 motion on December 27, 2006, while his Rule 3.170(i) motion to withdraw plea was pending. The 3.850 motion was initial…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Jerry Camón appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion. We reverse.

On December 27, 2006, while Camon’s Florida Rule of Criminal Procedure 3.170(i) motion to withdraw plea was still pending, he filed a pro se Rule 3.850 motion for post-conviction relief.1 Thereafter, the 3.850 motion was dismissed because denial of Camon’s 3.170(i) motion was on appeal. After the order on the 3.170(Z) motion was reversed by this court, counsel was appointed for Camón and Camon’s 3.170(Z) motion was set for hearing. See Camón v. State, 994 So.2d 491, 491-92 (Fla. 3d DCA 2008).

At that hearing, the trial court noted, “we are here on two motions,” the Rule 3.170(¿) and a Rule 3.850 motion. The court then explained, ‘Til do them in order. I’ll do your motion to withdraw plea first. Depending on the outcome of that, then I’ll move to the 3.850.” After listening to Camon’s testimony and reviewing the record, the trial court denied Camon’s motion to withdraw his plea. The judge then asked Camón if he wanted to reinstate the 3.850 motion. Camón initially responded that he did not. The judge indicated that the court could “leave it,” but expressed some concern as to whether that could put the motion outside the two-year filing window. The judge explained that he could not advise Camón and that it was Camon’s “call.”

Defense counsel then indicated that his client “would ask the Court to vacate the dismissal, to allow the motion to be heard. Or in the alternative to file it, refile it again, today.” The trial court thereafter immediately denied the 3.850 motion con-*974eluding “based upon the reasons I heard, from all the testimony, I’ve already heard. I will use the same testimony, for the denial of the 3.850.”

Both motions were denied on the same day, May 29, 2009, and separate, signed, written orders were entered on June 12, 2009. The order denying the 3.170 motion indicated that the motion was “insufficient to support the relief prayed” and was: “Denied. With Evidentiary Hearing, As to Reason Stated on the Record.” Similarly, the order denying the 3.850 motion noted that Camon’s allegations “were insufficient in substance to support the relief prayed” and therefore was “denied.” Here, Camón appeals the denial of his 3.850 motion.

Camón argues that his timely 3.170(0 motion to withdraw his plea delayed rendition of his judgment and sentence until the trial court filed a signed, written order disposing of that motion. Thus, he maintains, the court should not have heard and ruled on his 3.850 motion when it did. See Brigham v. State, 950 So.2d 1274, 1275 (Fla. 2d DCA 2007) (“In pertinent part, rule 3.850(b) states that ‘[a] motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case.... ’ Implicit in the rule is the requirement that the judgment and sentence be final before the motion is filed.”); see also Clemons v. State, 3 So.3d 364, 365 (Fla. 2d DCA 2009) (“A timely motion to withdraw plea delays rendition of a defendant’s judgment and sentence until the trial court files a signed, written order disposing of the motion.”); Haber v. State, 961 So.2d 1098, 1099 (Fla. 2d DCA 2007) (“Because Mr. Haber’s judgment and sentence apparently never became final, Mr. Haber’s rule 3.850 motion was premature. See Brigham v. State, 950 So.2d 1274, 1276 (Fla. 2d DCA 2007). Therefore, the circuit court should have dismissed rather than denied the motion. Id”).

We agree that under the facts as outlined herein, it was premature to consider Camon’s 3.850 motion until the underlying judgment was final — in this case that being when the denial of Camon’s 3.170(i) motion was filed.2 Accordingly, the order under review is reversed and the case remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Burks v. State, 237 So. 3d 1060 (Fla. 3d DCA 2017)
    …e that. For some reason it comes back on appeal as to P.R.R. ot [sic] being valid, then obviously, we will look at the 25 min. mand. to possibly life at 10, 20. This Court affirmed Burks's convictions and sentences on direct appeal. Burks v. State, 57 So. 3d 972 (Fla. 3d DCA 2011). In October 2016, Burks filed the instant 3.800(a) motion arguing that his sentence [*1062] on the attempted first degree murder with a firearm conviction was illegal because the trial court failed to impose the statutory twenty-…
  • Landell v. State, 88 So. 3d 413 (Fla. 4th DCA 2012)
    …until the trial court files a signed, written order disposing of the motion.” Clemons v. State, 3 So. 3d 364, 365-366 (Fla. 2d DCA 2009). It is [*415] improper to consider a Rule 3.850 motion before the underlying judgment is final. Camon v. State, 57 So. 3d 972 (Fla. 3d DCA 2011). Even if it had been proper for the trial court to consider the motion, “[a] summary denial of a motion for post-conviction relief will be affirmed only when the trial court either states ‘its rationale in the order denying relie…
  • Williams v. State, 215 So. 3d 642 (Fla. 5th DCA 2017)
    …issed the two rule 3.850 motions without prejudice, rather than denying them on the merits, because the judgment and sentences were not and could not have been final. See Wilson, 128 So. 3d at 899; Haber, 961 So. 2d at 1098; see also Camon v. State, 57 So. 3d 972, 974 (Fla. 3d DCA 2011) (holding that it is improper to consider a rule 3.850 motion before the underlying judgment is final). Applying the two-pronged Strickland test, appellate counsel’s performance was deficient by not raising this issue on direc…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw