Garcia v. State
Garcia v. State
Opinion of the Court
Jose Hernandez Garcia argues, and the State concedes, that the trial court erred in dismissing his motion to withdraw plea because he filed a notice of appeal before the court ruled on his motion. Florida Rule of Appellate Procedure 9.020(h)(3) provides in pertinent part that a pending motion to withdraw plea “shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.”
Accordingly, we reverse the order dismissing Garcia’s motion to withdraw plea
Reversed and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.