BROWN
v.
STATE OF FLORIDA
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A notice of appeal filed before rendition of an order disposing of a motion to withdraw plea filed after sentencing tolls rendition and requires the appellate court to hold the appeal in abeyance until the motion is withdrawn or resolved.
[1] A motion to withdraw a plea filed after sentencing tolls rendition of the trial court's order, and if a notice of appeal is filed before rendition of an order disposing o…
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Join FLexlaw to unlock all legal intelligence“Thus, if a notice of appeal is filed before rendition of an order disposing of all such motions, the appeal must be held in abeyance until the motions are either withdrawn or resolved by the rendition of an order disposing of the last such motion.”
Court explaining the mandatory requirement under Florida Rule of Appellate Procedure 9.020(h)(2)(C)
Appellant filed simultaneously a motion to withdraw his plea and a notice of appeal. The trial judge entered an order placing the motion to withdraw p…
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PER CURIAM.
Appellant simultaneously filed both a timely motion to withdraw plea with the trial court and a notice of appeal. The trial judge entered an order dated April 19, 2023, holding the motion to withdraw plea in abeyance “until the First District Court of Appeal has considered whether the Defendant’s notice of appeal was improperly filed.” However, pursuant to Florida Rule of Appellate Procedure, 9.020(h)(2)(1)(I), a motion to withdraw plea after sentencing tolled rendition of the order. Thus, if a notice of appeal is filed before rendition of an order disposing of all such motions, the appeal must be held in abeyance until the motions are either withdrawn or resolved by the rendition of an order disposing of the last such motion. See Fla. App. R. Rule 9.020(h)(2)(C). We remand for the trial judge to rule on Appellant's motion to withdraw plea, during which time this appeal will be held in abeyance.
REMANDED.
LEWIS, ROWE, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Tyler Kemper Payne, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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