ROBERT L. SHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The appellate court reversed the trial court's denial of Shaw's motions to withdraw his guilty plea, finding the motions were timely filed within thirty days of sentencing under Florida Rule of Criminal Procedure 3.170(l).
A defendant may file a motion to withdraw a guilty plea within thirty days after sentencing, and Shaw's motions filed 21 and 25 days after sentencing were timely.
[1] A defendant's motions to withdraw a guilty plea filed within thirty days after sentencing are timely under Florida Rule of Criminal Procedure 3.170(l), regardless of whet…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceShaw pled no contest to possession of cocaine after a motion to suppress was denied, was sentenced to five years in prison on May 30, 2013, and filed …
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.
Explore caselaw by topic → Browse Timeliness Of Motion cases and more on FLexlaw
Following the denial of a motion to suppress, Appellant pled no contest to possession of cocaine, reserving the right to appeal the dispositive motion. On May 30, 2013, the trial court entered a final judgment, sentencing Appellant to five years in prison. Thereafter, on June 20, 2013 and June 24, 2013, Appellant filed motions to withdraw his plea of guilty. The trial court denied Appellant’s request to withdraw his plea, finding that the motions were untimely filed under rule 3.170(l) of the Florida Rules of Criminal Procedure.
On appeal, the State properly concedes that the motions were not untimely filed. Rule 3.170(Z) of the Florida Rules of Criminal Procedure provides:
(l) Motion to Withdraw the Plea after Sentencing. A defendant who pleads guilty or nolo contendere without expressly reserving the right to appeal a legally dispositive issue may file a motion to withdraw the plea within thirty days after the rendition of the sentence, but only upon the grounds specified in Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(a)-(e) except as provided by law.
Here, Appellant’s two motions to withdraw his plea of guilty were timely filed 21 and 25 days after the final judgment and sentence were entered in this case. Accordingly, we reverse and remand for the trial court to rule on Appellant’s motions. As we are reversing for the trial court to address the merits of Appellant’s motions to withdraw his plea, we do not reach the merits of Appellant’s motion to suppress.
REVERSED and REMANDED.
RAY and SWANSON, JJ„ concur.