Public-domain · open source
OpenJurist

867 So. 2d 618

Garcia v. State

District Court of Appeal of Florida · decided 2004-03-10

Cited by 1 later decisions — most recently December 2005

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2004-03-10

View the full empirical analysis of this case →

WHATLEY, Judge.

¶1Jose Hernandez Garcia argues, and the State concedes, that the trial court erred in dismissing his motion to withdraw plea because he filed a notice of appeal before the court ruled on his motion. Florida Rule of Appellate Procedure 9.020(h)(3) provides in pertinent part that a pending motion to withdraw plea “shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.”

¶2Accordingly, we reverse the order dismissing Garcia’s motion to withdraw plea *619and remand with directions for the trial court to rule on said motion.

¶3Reversed and remanded with directions.

ALTENBERND, C.J., and NORTHCUTT, J., concur.
/867/so2d/618 · .json · Public domain