Micah C. Davidson v. State

District Court of Appeal of Florida

Micah C. Davidson v. State

192 So. 3d 709, 2016 WL 3127685, 2016 Fla. App. LEXIS 8465

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 2016

Docket5D15-3594

StatusPublished

This text of 192 So. 3d 709 (Micah C. Davidson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Micah C. Davidson v. State, 192 So. 3d 709, 2016 WL 3127685, 2016 Fla. App. LEXIS 8465 (Fla. Ct. App. 2016).

Pincite

Opinion

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 *710 at 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:

[[Image here]]

(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.

1

. The trial court erroneously believed the notice of appeal had been filed on October 8th. *710 While signéd by counsel on the 8th, the notice of appeal was not filed with the office of the clerk of the court ‘until October 12th. In either event, the motion was deemed filed prior to the notice of appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

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 *710 at 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:

[[Image here]]

(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.

1

. The trial court erroneously believed the notice of appeal had been filed on October 8th. *710 While signéd by counsel on the 8th, the notice of appeal was not filed with the office of the clerk of the court ‘until October 12th. In either event, the motion was deemed filed prior to the notice of appeal.

Cite This Page — Counsel Stack

Bluebook (online)

192 So. 3d 709, 2016 WL 3127685, 2016 Fla. App. LEXIS 8465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/micah-c-davidson-v-state-fladistctapp-2016.

Opinion

Related

Cite This Page — Counsel Stack