Narrative Opinion Summary
Appellant's probation was revoked after he admitted to violating its terms, leading to an eight-year prison sentence for possession of methamphetamine with intent to sell. On December 17, 2018, at 7:51:34 p.m., Appellant filed a motion to withdraw his plea and a notice of appeal simultaneously. The trial court dismissed the motion, claiming it lacked jurisdiction. This dismissal was identified as an error by the State. Citing the precedent set in *Davis v. State*, where similar circumstances occurred, the court found that Florida Rule of Appellate Procedure 9.020(h) granted the trial court jurisdiction to address the motion to withdraw the plea. The appeal is to be held in abeyance until the trial court issues a written order on the motion. The appellate court reversed the trial court's decision and remanded the case for action on the motion. The panel, including Chief Judge Evander and Judges Lambert and Edwards, concurred with the decision.
Legal Issues Addressed
Appellate Procedure for Motion to Withdraw Pleasubscribe to see similar legal issues
Application: The appellate court determined that the appeal should be held in abeyance while the trial court addresses the motion to withdraw the plea, following the precedent set in *Davis v. State*.
Reasoning: Citing the precedent set in *Davis v. State*, where similar circumstances occurred, the court found that Florida Rule of Appellate Procedure 9.020(h) granted the trial court jurisdiction to address the motion to withdraw the plea.
Jurisdiction of Trial Court over Motion to Withdraw Pleasubscribe to see similar legal issues
Application: The trial court initially dismissed the motion to withdraw the plea, claiming lack of jurisdiction, but the appellate court identified this as an error, citing that the court did indeed have jurisdiction according to Florida Rule of Appellate Procedure 9.020(h).
Reasoning: The trial court dismissed the motion, claiming it lacked jurisdiction. This dismissal was identified as an error by the State.
Reversal and Remand by Appellate Courtsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's decision dismissing the motion to withdraw the plea and remanded the case to the trial court for further proceedings.
Reasoning: The appellate court reversed the trial court's decision and remanded the case for action on the motion.