192 So. 3d 709

Micah C. DAVIDSON, Appellant, v. STATE of Florida, Appellee.

No. 5D15-3594.

District Court of Appeal of Florida, Fifth District.

June 3, 2016.

James S. Purdy, Public Defender, and Atiene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Cheesman, Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Micah Davidson appeals the denial of his pro se motion to withdraw his plea. This was Davidson’s second motion to withdraw the plea; the first was filed by counsel and denied by the trial court. The court denied the second motion as well, on the belief that the motion had been filed after the filing of a notice of appeal, leaving the court without jurisdiction to rule.

Davidson had delivered the second motion to jail officials on October 6, 2015, and the motion was stamped into the clerk’s office on October 8th. The notice of appeal was not filed until October 12, 2015.1 The order denying the motion was not entered until the following day. When a timely motion to withdraw plea is pending *710at the time a notice of appeal is filed, the trial court maintains jurisdiction to decide the motion. See Bolden v. State, 10 So.3d 710, 710 (Fla. 5th DCA 2009). Additionally, Florida Rule of Appellate Procedure 9.020(i) provides in pertinent part;

(i) Rendition (of an Order). An order is rendered when a signed, written order is filed with the clerk of the lower tribunal. However, unless.another applicable rule of procedure specifically provides to the contrary, if a final order has been entered and there has been filed in the lower tribunal an authorized and timely motion ... to withdraw -a plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(i) ,.. the’ following exceptions apply:
(3) If such a motion or motions have been filed and a notice of appeal is filed before the filing óf a signed, written order disposing of all such motions, the appeal shall be held in abeyance until the filing of a signed, written order disposing of the last motion..

The trial court erred in determining that it lacked jurisdiction to rule on Davidson’s motion to withdraw his plea. We express no opinion on the merits of the motion.

REVERSED and REMANDED.

WALLIS and LAMBERT, JJ., concur.

Davidson v. State
192 So. 3d 709

Case Details

Name
Davidson v. State
Decision Date
Jun 3, 2016
Citations

192 So. 3d 709

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!