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116 So. 3d 614

Anderson v. State

District Court of Appeal of Florida · decided 2013-06-28

Cited by 2 later decisions — most recently December 2015

2 state decisions

Relies on 783 So. 2d 1191 - Gafford v. State

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Decided 2013-06-28

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PER CURIAM.

¶1Joshua Wayne Anderson seeks review of an order denying his motion to withdraw his plea. Anderson’s motion to withdraw his plea was untimely because it was filed more than thirty days after the rendition of his sentence. See Fla. R.Crim. P. 3.170.

¶2As explained in Gafford v. State, 783 So.2d 1191 (Fla. 1st DCA 2001), the failure to timely file a motion to withdraw a plea waives appellate review of the issues related to the plea. The defendant must seek relief by filing a timely rule 3.850 motion. We, therefore, affirm the court’s order denying Anderson’s motion to withdraw his plea without prejudice to raise the volun-tariness of his plea in a timely rule 3.850 motion.

¶3AFFIRMED without prejudice.

TORPY, LAWSON, JJ., and JACOBUS, Senior Judge, concur.
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