Florida District Courts of Appeal, 2015

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided October 8, 2015 · Lewis, Makar, Wetherell
175 So. 3d 933; 2015 Fla. App. LEXIS 14976; 2015 WL 5880121 (Southern Reporter, Third Series)

Jones v. State

Opinion of the Court

PER CURIAM.

We affirm Appellant’s judgment and sentence. However, because the trial court was without jurisdiction to consider or rule upon Appellant’s motion to withdraw plea filed after the notice of appeal, we reverse the order denying the motion and remand for the trial court to dismiss the motion. See Adkinson v. State, 36 So.3d 836 (Fla. 1st DCA 2010); Hines v. State, 32 So.3d 678 (Fla. 1st DCA 2010).

*934AFFIRMED in part; REVERSED in part and REMANDED with instructions.

LEWIS, WETHERELL, and MAKAR, JJ., concur.

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