VICTOR STALLWORTH
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to consider a motion to withdraw a plea filed after a notice of appeal has been filed.
[1] A trial court is divested of jurisdiction to consider a motion to withdraw a plea once a notice of appeal has been filed, as jurisdiction over the case transfers to the a…
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Join FLexlaw to unlock all legal intelligenceVictor Stallworth filed a notice of appeal and subsequently moved to withdraw his plea in the trial court.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
VICTOR STALLWORTH,
Appellant,
v. Case No. 5D19-1849
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed February 7, 2020
Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge.
Victor Stallworth, Perry, pro se.
Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Victor Stallworth appeals the dismissal of his motion to withdraw plea. Because Stallworth filed a notice of appeal before he moved to withdraw his plea, the trial court properly dismissed the motion, as it lacked jurisdiction to consider the matter. See Kearse v. State, 858 So. 2d 1247 (Fla. 5th DCA 2003).
AFFIRMED.
EVANDER, C.J., COHEN and EDWARDS, JJ., concur.