DEXTER B. LOGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-06-05
No. 4D12-3029
MAY, C.J., STEVENSON and CIKLIN, JJ., concur.
115 So. 3d 1045 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm without prejudice to the appellant’s right to file a properly sworn rule 3.850 motion before the two-year time limitation following the direct appeal mandate expires. See Fla. R.Crim. P. 3.850(b); *1046 Lawson v. State, 754 So.2d 86, 86 (Fla. 4th DCA 2000); see also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions).

MAY, C.J., STEVENSON and CIKLIN, JJ., concur.


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    …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…

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