ERIS BERMUDEZGOMEZ
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to consider a motion to withdraw a plea filed after sentencing.
[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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Join FLexlaw to unlock all legal intelligenceEris Bermudez-Gomez filed an amended motion to withdraw his plea after sentencing. The trial court denied the motion.…
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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.