JOSHUA WAYNE ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2013-06-28
No. 5D12-1970
TORPY, LAWSON, JJ., and JACOBUS, Senior Judge, concur.
116 So. 3d 614 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Joshua Wayne Anderson seeks review of an order denying his motion to withdraw his plea. Anderson’s motion to withdraw his plea was untimely because it was filed more than thirty days after the rendition of his sentence. See Fla. R.Crim. P. 3.170.

As explained in Gafford v. State, 783 So.2d 1191 (Fla. 1st DCA 2001), the failure to timely file a motion to withdraw a plea waives appellate review of the issues related to the plea. The defendant must seek relief by filing a timely rule 3.850 motion. We, therefore, affirm the court’s order denying Anderson’s motion to withdraw his plea without prejudice to raise the volun-tariness of his plea in a timely rule 3.850 motion.

AFFIRMED without prejudice.

TORPY, LAWSON, JJ., and JACOBUS, Senior Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Anderson v. State, 183 So. 3d 1146 (Fla. 5th DCA 2015)
    …his plea. The trial court denied that motion on its merits. Anderson appealed a second time, and this Court affirmed that denial — again without reaching the competency issue — because the motion to withdraw the plea was untimely. Anderson v. State, 116 So. 3d 614 (Fla. 5th DCA 2013).2 Anderson then moved for postconviction relief alleging multiple grounds, including ineffective assistance for counsel’s failure to file a timely motion to withdraw the plea. The trial court, in a series of orders, summarily de…
  • Starks v. State, 174 So. 3d 1079 (Fla. 5th DCA 2015)
    …under that rule.” (citing Franklin v. State, 31 So. 3d 948, 948 (Fla. 2d DCA 2010))). Often, in this situation, we affirm the trial court’s ruling without prejudice for the appellant to timely file a rule 3.850 motion. See, e.g., Anderson v. State, 116 So. 3d 614 (Fla. 5th DCA 2013). In this case, Appellant’s motion to withdraw plea, if interpreted as a rule 3.850 motion, was timely filed. See Pearson v. State, 141 So. 3d 722, 723 (Fla. 3d DCA 2014) (citing Ramos v. State, 658 So. 2d 169 (Fla. 3d DCA 1995)).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw