ERIS BERMUDEZGOMEZ
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-04-24
No. 17-2195
Burgess, III, J., Sleet, J., Rothstein-Youakim, J., Atkinson, J.
Florida District Court of Appeal, Second District (2019)

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Holding

A trial court lacks jurisdiction to consider a motion to withdraw a plea filed after sentencing.


Headnotes

[1] A trial court lacks jurisdiction to consider a motion to withdraw a guilty plea filed after sentencing has been imposed.

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Facts & Procedural History

Eris Bermudez-Gomez filed an amended motion to withdraw his plea after sentencing. The trial court denied the motion.…

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Opinion of the Court
Atkinson

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ERIS BERMUDEZ-GOMEZ, ) DOC #073182 ) ) Appellant, ) ) v. ) Case No. 2D17-2195 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed April 24, 2019. Appeal from the Circuit Court for Pinellas County; William H. Burgess, III, Judge. Howard L. Dimmig, II, Public Defender, and Matthew J. Salvia, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Eris Bermudez-Gomez appeals the trial court's order denying his amended motion to withdraw plea after sentencing. See Fla. R. Crim. P. 3.170(l). We

reverse and remand with directions to dismiss the motion for lack of jurisdiction. See Gipson v. State, 209 So. 3d 653, 653 (Fla. 2d DCA 2017). Reversed and remanded with directions. SLEET, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.


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