ALBERT WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We grant counsel’s motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and affirm appellant’s convictions and sentences. Leonard v. State, 760 So.2d 114 (Fla.2000); Maddox v. State, 760 So.2d 89 (Fla.2000); Robinson v. State, 373 So.2d 898 (Fla.1979). Affirmance is without prejudice for appellant to raise issues concerning the voluntariness of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant’s subsequently-filed pro se motion to withdraw plea. Copeland v. State, 867 So.2d 643 (Fla. 4th DCA 2004) (citing McCray v. State, 840 So.2d 274, 275 (Fla. 4th DCA 2003)).
Affirmed
MAY, DAMOORGIAN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Jordan v. State, 47 Fla. L. Weekly D975 (Fla. 2d DCA 2022)…Robinson v. State, 47 Fla. L. Weekly D975 (Fla. 2d DCA May 4, 2022); Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014); Washington v. State, 335 So. 3d 1270 (Fla. 3d DCA 2022); Simmons v. State, 332 So. 3d 1129 (Fla. 5th DCA 2022); State v. Wilson, 203 So. 3d 192 (Fla. 4th DCA 2016); Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014). SILBERMAN, VILLANTI, and BLACK, JJ., Concur. Opinion subject to revision prior to official publication.…
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Wolter v. State, 219 So. 3d 852 (Fla. 4th DCA 2017)…e 3.850. See, e.g., Wright v. State, 174 So. 3d 400, 402 (Fla. 4th DCA 2015). Therefore, our affirmance is without prejudice to the defendant’s right to file a motion under 3.850 concerning the voluntariness of his pleas. See, e.g., Walker v. State, 203 So. 3d 192 (Fla. 4th DCA 2016). Affirmed. Conner and Forst, JJ., concur.…
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Flores v. State, 211 So. 3d 68 (Fla. 4th DCA 2017)…to entertain the September 16 motion. We recently confronted a similar situation and held that “[t]he notice of appeal divested the trial court of jurisdiction to rule on appellant’s subsequently-filed ... motion to withdraw plea.” Walker v. State, 203 So. 3d 192, 192 (Fla. 4th DCA 2016) (citing Copeland v. State, 867 So. 2d 643, 643 (Fla. 4th DCA 2004)); see also McCray v. State, 840 So. 2d 274, 275 (Fla. 4th DCA 2003). Sister courts have held the same. See, e.g., Smith v. State, 113 So. 3d 110, 111 (Fla. 5…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Moore v. State, 840 So. 2d 274 (Fla. 3d DCA 2003)
- Copeland v. State, 867 So. 2d 643 (Fla. 4th DCA 2004)