R.E.C. v. State

District Court of Appeal of Florida

R.E.C. v. State

159 So. 3d 362, 2015 Fla. App. LEXIS 3473, 2015 WL 1046264

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 2015

DocketNo. 4D14-3139

StatusPublished

This text of 159 So. 3d 362 (R.E.C. 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

R.E.C. v. State, 159 So. 3d 362, 2015 Fla. App. LEXIS 3473, 2015 WL 1046264 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Through this Anders appeal, R.E.C., a juvenile, appeals a disposition order that followed violation of probation and commitment proceedings. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the disposition order without discussion. We note that appellate counsel addresses issues concerning an order that denied a motion to withdraw plea. That order was entered after the notice of appeal was filed, at which point the trial court lacked jurisdiction to proceed. Even if the court had jurisdiction, the motion to withdraw plea was unauthorized, as relief is available to contest the plea in juvenile proceedings only by habe-as corpus. See C.C. v. State, 150 So.3d 216 (Fla. 4th DCA 2014); D.M. v. State, 84 So.3d 1242 (Fla. 2d DCA 2012).

Affirmed.

WARNER, STEVENSON and GROSS, JJ., concur.

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PER CURIAM.

Through this Anders appeal, R.E.C., a juvenile, appeals a disposition order that followed violation of probation and commitment proceedings. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the disposition order without discussion. We note that appellate counsel addresses issues concerning an order that denied a motion to withdraw plea. That order was entered after the notice of appeal was filed, at which point the trial court lacked jurisdiction to proceed. Even if the court had jurisdiction, the motion to withdraw plea was unauthorized, as relief is available to contest the plea in juvenile proceedings only by habe-as corpus. See C.C. v. State, 150 So.3d 216 (Fla. 4th DCA 2014); D.M. v. State, 84 So.3d 1242 (Fla. 2d DCA 2012).

Affirmed.

WARNER, STEVENSON and GROSS, JJ., concur.

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159 So. 3d 362, 2015 Fla. App. LEXIS 3473, 2015 WL 1046264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rec-v-state-fladistctapp-2015.

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