Dayton v. State
Dayton v. State
Opinion of the Court
In this Anders
Dayton’s motion to withdraw his plea was untimely, as it was filed more than thirty (30) days after rendition of the sentence. See Fla. R.Crim. P. 3.170(l). As explained in Gafford v. State, 783 So.2d 1191 (Fla. 1st DCA 2001), the failure to file a timely motion to withdraw a plea waives appellate review of issues related to the plea, and the defendant must seek relief by filing a timely rule 3.850 motion.
Accordingly, we affirm the order denying Dayton’s motion to withdraw his plea without prejudice to raise the voluntariness of the plea in a timely rule 3.850 motion.
AFFIRMED.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. It is not clear from the record that Dayton was waiving credit for prison time and/or gain time, rather than merely waiving credit for time served from the date of his arrest for violating probation.
Reference
- Full Case Name
- Howard L. DAYTON, Sr. v. STATE of Florida
- Cited By
- 5 cases
- Status
- Published