GREGORIO RUIZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORIO RUIZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
109 So. 3d 1183
Florida District Court of Appeal, Second District (2013)
Caution
Cited by 4 cases
Opinion of the Court
Gregorio Ruiz seeks review of his judgment and sentence for attempted sexual battery and sexual activity with a child by a person in familial or custodial authority which was entered pursuant to a negotiated plea. Although Ruiz filed a timely pro se motion to withdraw plea after sentencing pursuant to Florida Rule of Criminal Procedure 8.170(0, the motion is a nullity because it was filed while Ruiz was still represented by counsel and was devoid of allegations giving rise to an adversarial relationship with counsel. See Sheppard v. State, 17 So.3d 275, 286 (Fla.2009). Because Ruiz has not properly preserved any challenges to his plea, we affirm.
Affirmed.
KELLY and SLEET, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gianni Passino v. State, 174 So. 3d 1055 (Fla. 4th DCA 2015)…ority opinion with respect to the denial of the motion to withdraw made before resentenc-ing without providing defendant an opportunity to have his motion heard. I otherwise concur with the opinion. . The majority opinion relies upon Ruiz v. State, 109 So. 3d 1183 (Fla. 2d DCA 2013), in denying this motion. Ruiz, as well as Sheppard v. State, 17 So. 3d 275 (Fla.2009), dealt with a pro se written motion to withdraw plea after sentencing. Ruiz, 109 So. 3d at 1183; Sheppard, 17 So. 3d at 277. The instant case in…1 / 2
Authorities Cited
- Sheppard v. State, 17 So. 3d 275 (Fla. 2009)