Opinion
No. 4D12–2714.
2013-06-5
Davee FEAZELL, Appellant, v. STATE of Florida, Appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Geoffrey Cohen, Judge; L.T. Case No. 10000758CF10A. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Geoffrey Cohen, Judge; L.T. Case No. 10000758CF10A.
Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Appellant's motion to withdraw plea post-sentencing in this case was untimely filed. SeeFla. R.Crim. P. 3.170( l) (motion must be filed within thirty days of date sentence rendered). As a result, the trial court never had jurisdiction to rule on the merits of the motion. Bermudez v. State, 901 So.2d 981, 984 (Fla. 4th DCA 2005); see also Golden v. State, 84 So.3d 396 (Fla. 1st DCA 2012); James v. State, 12 So.3d 1290 (Fla. 2d DCA 2009); McKnight v. State, 964 So.2d 803, 804 (Fla. 3d DCA 2007); Dayton v. State, 867 So.2d 647 (Fla. 5th DCA 2004). On remand, the order denying appellant's motion shall be modified to reflect denial was due to lack of jurisdiction.
Affirmed and remanded with directions.