KHALIL FLOZEL TAYLOR
v.
STATE OF FLORIDA
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A trial court retains jurisdiction to consider a motion to withdraw a plea that is filed simultaneously with or pending when a notice of appeal is filed, and the notice of appeal does not divest the trial court of jurisdiction over such motion.
[1] A trial court retains jurisdiction to consider a motion to withdraw a plea filed simultaneously with a notice of appeal.
[2] When a timely motion to withdraw a plea is pending and a notice of appeal is filed before the motion is ruled upon, the appeal is held in abeyance until the motion is dis…
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Join FLexlaw to unlock all legal intelligence“if a timely-filed motion to withdraw plea under rule 3.170(l) is pending and a notice of appeal is filed before the filing of a signed, written order disposing of the motion to withdraw plea, the appeal shall be held in abeyance until the filing of an order disposing of the motion”
Florida Rule of Appellate Procedure 9.020(i)(3), cited by the court to support its reversal
Appellant Khalil Flozel Taylor filed both a motion to withdraw his plea and a notice of appeal at the same time. The trial judge dismissed the motion …
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court retains jurisdiction to consider a motion to withdraw plea, filed simultaneously with notice of appeal); see also Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006) (finding trial court retains jurisdiction to decide timely motion to withdraw plea that is pending when notice of appeal is filed).
REVERSED and REMANDED. LEWIS, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Frank Xavier Moehrle, Jr., Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ossie L. Davis v. State, 763 So. 2d 519 (Fla. 5th DCA 2000)
- Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006)