SAFIR S. KAZI vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 28, 2023
• Docket: 22-2521
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

SAFIR S. KAZI,

Appellant,

v. Case No. 5D22-2521 LT Case No. 2022-CF-1146-A

STATE OF FLORIDA,

Appellee.

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Opinion filed April 28, 2023

Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr, Assistant Attorney General, Daytona Beach, for Appelee.

PER CURIAM. In this Anders1 appeal, we affirm the judgment and sentence imposed

by the trial court. However, as raised in the Appellant’s brief, we remand for

the lower court to strike Appellant’s motion to withdraw plea and the order on

the motion, both of which were filed after Appellant filed his notice of appeal.

See Payet v. State, 47 Fla. L. Weekly D1705 (Fla. 5th DCA Aug. 12, 2022)

(affirming judgments and sentences in Anders appeal but remanding with

instructions for trial court to strike the defendant’s motion to withdraw plea

and the order on the motion that were both filed subsequent to the notice of

appeal).

AFFIRMED; REMANDED with directions to strike Appellant’s motion

to withdraw plea and the order entered on the motion that were both filed

after his notice of appeal.

EDWARDS, JAY and BOATWRIGHT, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).