¶1Appellant, Saintamene Exavier, timely appeals the summary denial of her motion to vacate her guilty plea. Since Exavier did not seek to withdraw her plea prior to being sentenced in February 1995, the only vehicle available to her to vacate her plea was to file a motion under Florida Rule of Criminal Procedure 3.850. See Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla.1996). We therefore affirm the denial of appellant’s motion to vacate her plea, but without prejudice to Exavier filing a motion complying with the requirements of rule 3.850, within thirty days of the issuance of this court’s mandate. See Jones v. State, 708 So.2d 1045 (Fla. 4th DCA 1998).
732 So. 2d 472
Exavier v. State
District Court of Appeal of Florida
Decided May 19, 1999
District Court of Appeal of Florida · decided 1999-05-19
Relies on 668 So. 2d 600 - State v. Sheffield · Brown v. State · Wright v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1999-05-19
How this case has been cited
Cited by 5 later decisions — most recently August 2014
3 state decisions
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