BERTRAN WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A pending motion to withdraw a guilty plea after sentencing defers rendition of the final order, making a subsequent motion for postconviction relief premature.
Bertrán Wilson pleaded guilty to felonies and misdemeanors and was sentenced. He filed a motion to withdraw his plea, which remained pending. While th…
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On February 21, 2012, Bertrán Wilson entered an open guilty plea to a felony and two misdemeanors and was sentenced to twenty years for count I and to time served for the other two counts. On March 9, 2012, through his assistant public defender, he filed a motion to withdraw plea, to withdraw from representation, and to appoint conflict-free counsel. The trial court granted counsel’s motion to withdraw and later appointed the Office of Criminal Conflict and Civil Regional Counsel, Appellate Division, to represent Wilson. That office promptly filed some papers (including a demand for a jury trial) but does not appear to have taken any action on Wilson’s motion to withdraw plea.
In September 2012, Wilson filed the instant pro se rule 3.850 motion. The state filed a response addressing the merits of the motion, and the trial court summarily denied it, adopting and incorporating the state’s response. Both the state’s response and the trial court’s order reflect that Wilson had filed what appears to be a timely rule 3.170(Z) motion to withdraw plea, which remains pending.
A timely rule 3.170(£) motion to withdraw plea after sentencing defers rendition of the final order. Fla. R. App. P. 9.020(i)(l). Therefore, Wilson’s conviction and sentence have not yet become final, the time for filing a rule 3.850 motion has not yet begun to run, and the rule 3.850 motion should have been dismissed as premature. See Landell v. State, 88 So.3d 413, 414-15 (Fla. 4th DCA 2012); Haber v. State, 961 So.2d 1098 (Fla. 2d DCA 2007). Accordingly, we reverse the order denying Wilson’s premature rule 3.850 motion and remand for the trial court to dismiss it and to rule on his timely rule 3.170(£) motion to withdraw plea.
Reversed and Remanded.
TAYLOR, LEVINE and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Strong v. State, 254 So. 3d 428 (Fla. 4th DCA 2018)
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Williams v. State, 215 So. 3d 642 (Fla. 5th DCA 2017)…etween rules 3.170(Z) and 3.850. A timely rule 3.170(£) motion to withdraw plea, as was filed here, defers or delays rendition of the judgment and sentence until the trial court files a signed, written order disposing of the motion. Wilson v. State, 128 So. 3d 898, 899 (Fla. 4th DCA 2013) (citing Fla. R. App. P. 9.020(i)(1)); Haber v. State, 961 So. 2d 1098, 1099 (Fla. 2d DCA 2007) (citations omitted); Smallwood v. State, 911 So. 2d 849, 850 (Fla. 1st DCA 2005) (citations omitted). Rule 3.850(b) provides, in…
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Bell v. State, 189 So. 3d 804 (Fla. 4th DCA 2015)…ate’s concession of error. The order summarily denying appellant’s rule 3.850 motion is reversed and remanded with directions for the court to dismiss the motion as premature and to rule on the rule 3.170(Z) motion to withdraw plea. Wilson v. State, 128 So. 3d 898 (Fla. 4th DCA 2013). Reversed and remanded with directions. CONNER, FORST and KLINGENSMITH, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haber v. State, 961 So. 2d 1098 (Fla. 2d DCA 2007)
- Landell v. State, 88 So. 3d 413 (Fla. 4th DCA 2012)