DAVEE FEAZELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant’s motion to withdraw plea post-sentencing in this case was untimely filed. See Fla. R.Crim. P. 3.170(l) (motion must be filed within thirty days of date sentence rendered). As a result, the trial eourt never had jurisdiction to rule on the merits of the motion. Bermudez v. State, 901 So.2d 981, 984 (Fla. 4th DCA 2005); see also Golden v. State, 84 So.3d 396 (Fla. 1st DCA 2012); James v. State, 12 So.3d 1290 (Fla. 2d DCA 2009); McKnight v. State, 964 So.2d 803, 804 (Fla. 3d DCA 2007); Dayton v. State, 867 So.2d 647 (Fla. 5th DCA 2004). On remand, the order denying appellant’s motion shall be modified to reflect denial was due to lack of jurisdiction.
Affirmed and remanded with directions.
WARNER, STEVENSON and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sanders v. State, 210 So. 3d 98 (Fla. 2d DCA 2016)…rt to have jurisdiction over a defendant’s motion to withdraw plea under rule 3.170(7), the defendant must file the motion within thirty days after rendition of sentence. See James v. State, 12 So. 3d 1290, 1290 (Fla. 2d DCA 2009); Feazell v. State, 115 So. 3d 1045, 1045 (Fla. 4th DCA 2013); Golden v. State, 84 So. 3d 396, 398 (Fla. 1st DCA 2012). Sanders timely filed his original motion to withdraw plea. Thus, the trial court had jurisdiction to entertain the motion. The trial court determined that the motion…
Authorities Cited
- Bermudez v. State, 901 So. 2d 981 (Fla. 4th DCA 2005)
- Dayton v. State, 867 So. 2d 647 (Fla. 5th DCA 2004)
- Phillis C. Jodnauth v. Fla. Unemployment Appeals Comm'n, 964 So. 2d 803 (Fla. 3d DCA 2007)
- Golden v. State, 84 So. 3d 396 (Fla. 1st DCA 2012)
- Elliot Courtney McKNIGHT v. State, 964 So. 2d 803 (Fla. 3d DCA 2007)
- Vontavious Ternard Lambert v. State, 84 So. 3d 396 (Fla. 5th DCA 2012)
- James v. State, 12 So. 3d 1290 (Fla. 2d DCA 2009)