Opinion
Case No. 5D22-2521.
04-28-2023
Safir S. KAZI, Appellant, v. STATE of Florida, Appellee.
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 Appellee.
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 Appellee.
PER CURIAM.
In this Anders 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, 357 So.3d 172 (Fla. 5th DCA 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).
Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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.