MARTIN ALEXANDER CASTRO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a pro se litigant's motion, even if mislabeled, should be treated according to its substance and function.
Appellant, proceeding pro se, filed a motion titled 'Motion to Appeal Final Decision' after pleading guilty. The motion sought to withdraw his guilty …
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Appellant Martin Castro appeals the trial court’s order of probation and order withholding adjudication entered on April 1, 2015. We dismiss the appeal, without prejudice, with instructions to the trial court to treat Castro’s pro se “Motion to Appeal Final Decision” as a timely filed motion to withdraw the plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(7).
On April 1, 2015, Castro pled guilty to one count of battery. Three weeks after his plea, on April 22, 2015, Castro filed a pro se motion titled “Motion to Appeal Final Decision.” Although titled an appeal, Castro actually sought to withdraw his previously entered guilty plea.
Pleadings by pro se litigants should only be defined by their function. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Specifically, Florida courts emphasize substance over form. IndyMac Fed. Bank FSB v. Hagan, 104 So.3d 1232, 1236 (Fla. 3d DCA 2012). In essence, if the pleading is incorrectly labeled, this Court will focus on the substance of the pleading and not its title. Id,
In substance, Castro’s motion intended to withdraw his guilty plea entered on April 1, 2015. The motion was filed twenty-one days after his plea, well within the thirty day window prescribed by rule 3.170(i). Accordingly, we dismiss the appeal and remand with instructions for the trial court to treat Castro’s motion as a timely filed motion to withdraw the plea after sentencing, pursuant to rule 3.170(i) of the Rules of Criminal Procedure.1
*78Appeal dismissed; remanded for proceedings consistent herewith.
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Authorities Cited
- Haines v. Kerner, 404 U.S. 519 (U.S. 1972)
- Indymac Fed. Bank FSB v. Hagan, 104 So. 3d 1232 (Fla. 3d DCA 2012)