SAFIR S. KAZI
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant's motion to withdraw a plea and the court's order on that motion must be stricken when filed after the notice of appeal in a criminal appeal.
[1] A trial court lacks jurisdiction to consider and enter an order on a defendant's motion to withdraw a guilty plea when that motion is filed after the filing of a notice o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSafir Kazi appealed his conviction and sentence in a criminal case, filing an Anders brief. After filing his notice of appeal, Kazi's counsel filed a …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Anders Appeal cases and more on FLexlaw
PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentence imposed by the trial court. However, as raised in the Appellant’s brief, we remand for the lower court to strike Appellant’s motion to withdraw plea and the order on the motion, both of which were filed after Appellant filed his notice of appeal. See Payet v. State, 47 Fla. L. Weekly D1705 (Fla. 5th DCA Aug. 12, 2022) (affirming judgments and sentences in Anders appeal but remanding with instructions for trial court to strike the defendant’s motion to withdraw plea and the order on the motion that were both filed subsequent to the notice of appeal).
AFFIRMED; REMANDED with directions to strike Appellant’s motion to withdraw plea and the order entered on the motion that were both filed after his notice of appeal.
EDWARDS, JAY and BOATWRIGHT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Glispy v. State, 313 So. 3d 824 (Fla. 5th DCA 2022)