CONNELL L. CARROLL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Carroll appealed the trial court's order striking his motion to withdraw his plea, arguing the court lacked jurisdiction to do so. The appellate court reversed, holding the trial court had jurisdiction under Florida Rule of Appellate Procedure 9.020(i)(8) to rule on the motion despite the pending appeal, and also reversed because the trial court failed to enter a written competency order as required by Florida Rule of Criminal Procedure 3.212(c)(7).
The trial court had jurisdiction to rule on the motion to withdraw plea notwithstanding the pending appeal, and the order striking the motion was erroneous. Additionally, the trial court was required to enter a written competency order as a separate document, not merely minutes or minute book entries, as mandated by Florida Rule of Criminal Procedure 3.212(c)(7).
[1] A pending motion to withdraw a plea after sentencing is not affected by the filing of a notice of appeal from a judgment of guilt.
[2] A notice of appeal from a judgment of guilt is held in abeyance until the filing of a signed, written order disposing of a pending motion to withdraw the plea.
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Join FLexlaw to unlock all legal intelligence“[A] pending motion ... to withdraw the plea after sentencing shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.”
Establishes that the trial court retained jurisdiction to rule on the motion to withdraw plea despite the notice of appeal having been filed.
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Join FLexlaw to unlock all legal intelligenceCarroll was charged with second-degree murder with a firearm and resisting/obstructing an officer. He was initially found incompetent to proceed but a…
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Connell L. Carroll appeals the trial court’s order striking his motion to withdraw plea on the basis that it lacked jurisdiction. Because the trial court had jurisdiction to rule on Carroll’s motion and failed to do so, we must reverse. We also reverse because the trial court failed to render an order of competency after it previously found Carroll incompetent to proceed.
Carroll was charged with second-degree murder with a firearm and resisting or obstructing an officer without violence. He was initially adjudged incompetent to proceed to trial, but following a hearing, his competency was ultimately restored. Thereafter, on August 26, 2013, Carroll pleaded nolo contendere to both counts and was sentenced to life imprisonment on the second-degree murder count and to time served on the resisting count. On November 6, 2013, Carroll filed a motion to withdraw plea, followed by a notice of appeal on November 21, 2013. On November 22, 2013, the trial court filed an order striking Carroll’s motion to withdraw plea as being premature. The trial court later struck this order and rendered an order *386striking Carroll’s motion to withdraw plea for lack of jurisdiction.
On the first issue, Carroll argues that the trial court had jurisdiction to rule on his motion to withdraw plea, and thus the order striking it was error. Florida Rule of Appellate Procedure 9.020(i)(8) specifically provides:
[A] pending motion ... to withdraw the plea after sentencing shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.
Therefore, the trial court had jurisdiction to decide the motion to withdraw plea even though Carroll had filed a notice of appeal. The correct ruling would have been to simply hold the notice of appeal in abeyance until the court ruled on the motion to withdraw plea, not to deny the motion on jurisdictional grounds or as premature. Accordingly, we reverse the order striking Carroll’s motion to withdraw his plea and remand for the trial court to address the motion on the merits. See Luckett v. State, 56 So.3d 914, 915 (Fla. 2d DCA 2011); see also Sharp v. State, 884 So.2d 510, 511 (Fla. 2d DCA 2004) (finding reversal of an order dismissing a motion to withdraw plea to be the appropriate remedy when “the trial court had jurisdiction to consider [the defendant’s] first motion”).
On the second issue, Carroll argues that the trial court was required to render a written order finding him competent to stand trial pursuant to the Florida Rule of Criminal Procedure 3.212(c)(7). On this point, Carroll is also correct. Rule 3.212(c)(7) provides: “If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed.” (Emphasis supplied.) See also Corbitt v. State, 744 So.2d 1130 (Fla. 2d DCA 1999). Even when the trial court has previously made a written finding of competency on a signed “minutes” form, this still does not satisfy the requirement to enter an order as set forth by the rules of criminal procedure. See Fla. R. App. P. 9.020(f) (defining an order as “[a] decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries ” (emphasis added)); see also State v. Wagner, 863 So.2d 1224, 1227 (Fla.2004) (holding that “a court minutes form, even if signed by the judge, does not constitute a reviewable order”). Hence, we also reverse on the second issue and remand for entry of a written order finding Carroll competent to proceed.
Reversed and remanded with instructions.
NORTHCUTT and KELLY, JJ., Concur.
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Odane Shakes v. State, 185 So. 3d 679 (Fla. 2d DCA 2016)…ated March 14, 2014, that states "Hrg Held>Deft. Competent to Proceed.” But the trial judge did not sign this order. Even if the trial court had signed this order, it would not have satisfied the requirement of a written order. See Carroll v. State, 157 So. 3d 385, 386 (Fla. 2d DCA 2015). The State concedes that the trial court was required to enter a written finding that Shakes was competent to proceed and that remand is necessary for entry of an order. See Fla. R.Crim. P. 3.212(c)(7); Dougherty, [*683] 149…
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Davis v. State, 239 So. 3d 202 (Fla. 5th DCA 2018)…1228 (Fla. 2004) ("Because the signed court minutes form was not an order within the definition of the Florida Rules of Appellate Procedure, the act of filing it with the court clerk did not amount to the rendition of an order."); Carroll v. State, 157 So. 3d 385, 385 (Fla. 2d DCA 2015) ("Even when the trial court has previously made a written finding of competency on a signed 'minutes' form, this still does not satisfy the requirement to enter an order as set forth by the rules of criminal procedure."). In…
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Jacobs v. Jacques, 310 So. 3d 1018 (Fla. 2d DCA 2020)…not constitute an order as required by rule 12.615(d). See Fla. R. App. P. 9.020(f) (defining "order" as "[a] decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries"); see, e.g., Carroll v. State, 157 So. 3d 385, 385 (Fla. 2d DCA 2015) ("Even when the trial court has previously made a written finding of competency on a signed 'minutes' form, this still does not satisfy the requirement to enter an order as set forth by the rules of criminal procedure."). Th…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sharp v. State, 884 So. 2d 510 (Fla. 2d DCA 2004)
- Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999)
- State v. Wagner, 863 So. 2d 1224 (Fla. 2004)
- Jamael Deron Luckett v. State, 56 So. 3d 914 (Fla. 2d DCA 2011)