Garcia v. State

867 So. 2d 618, 2004 Fla. App. LEXIS 2871, 2004 WL 433797

Opinion

WHATLEY, Judge.

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 and remand with directions for the trial court to rule on said motion.

Reversed and remanded with directions.

ALTENBERND, C.J., and NORTHCUTT, J., concur.