Opinion

Brown v. State of Florida

Court
District Court of Appeal of Florida
Filed
Sep 11, 2024
Status
Published
Cited by
0 cases

The opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-0888

_____________________________

ANTWANN D. BROWN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Jason Jones, Judge.

September 11, 2024

PER CURIAM.

Appellant simultaneously filed both a timely motion to

withdraw plea with the trial court and a notice of appeal. The trial

judge entered an order dated April 19, 2023, holding the motion to

withdraw plea in abeyance “until the First District Court of Appeal

has considered whether the Defendant’s notice of appeal was

improperly filed.” However, pursuant to Florida Rule of Appellate

Procedure, 9.020(h)(2)(1)(I), a motion to withdraw plea after

sentencing tolled rendition of the order. Thus, if a notice of appeal

is filed before rendition of an order disposing of all such motions,

the appeal must be held in abeyance until the motions are either

withdrawn or resolved by the rendition of an order disposing of the

last such motion. See Fla. App. R. Rule 9.020(h)(2)(C).

We remand for the trial judge to rule on Appellant's motion to

withdraw plea, during which time this appeal will be held in

abeyance.

REMANDED.

LEWIS, ROWE, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

Jessica J. Yeary, Public Defender, and Tyler Kemper Payne,

Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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