Michael Jackson v. State

District Court of Appeal of Florida

Michael Jackson v. State

190 So. 3d 98, 2015 Fla. App. LEXIS 4277, 2015 WL 1360792

District Court of Appeal of Florida·Decided March 25, 2015·No. 4D14-3652·Published·Cited by 2 cases

Opinion

PER CURIAM.

Affirmed. . Our affirmance is without prejudice to appellant challenging the vol-untariness of his plea through a timely collateral motion. .See Fla. R. Crim. P. 3.850. 1

DAMOORGIAN, C.J., TAYLOR and. KLINGENSMITH, JJ;, concur.

1

. We decline to consider the trial court’s order denying appellant's motion to withdraw plea because it was entered after the notice of appeal was filed, at which point the trial court lacked jurisdiction to proceed. Also, no notice of appeal places that order before this court. Smith v. State, 113 So.3d 110, 111 (Fla. 5th DCA 2013).

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PER CURIAM.

Affirmed. . Our affirmance is without prejudice to appellant challenging the vol-untariness of his plea through a timely collateral motion. .See Fla. R. Crim. P. 3.850. 1

DAMOORGIAN, C.J., TAYLOR and. KLINGENSMITH, JJ;, concur.

1

. We decline to consider the trial court’s order denying appellant's motion to withdraw plea because it was entered after the notice of appeal was filed, at which point the trial court lacked jurisdiction to proceed. Also, no notice of appeal places that order before this court. Smith v. State, 113 So.3d 110, 111 (Fla. 5th DCA 2013).

Michael Jackson v. State, 190 So. 3d 98, 2015 Fla. App. LEXIS 4277, 2015 WL 1360792 (Fla. Ct. App. 2015).

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Opinion

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