# Brown v. State of Florida

> District Court of Appeal of Florida · September 11, 2024

URL: https://www.frixlaw.com/law-library/cases/10580792

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** September 11, 2024
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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withdrawn or resolved by the rendition of an order disposing of the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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10580792. Public record. Not legal advice.