Opinion
Case No. 4D03-676.
Opinion filed March 17, 2004.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Alfred J. Horowitz, Judge, L.T. Case No. 02-7154 CF10B.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
This is appellant's Anders appeal. Anders v. California, 386 U.S. 738 (1967). We affirm appellant's conviction and sentence, Leonard v. State, 760 So.2d 114 (Fla. 2000); Maddox v. State, 760 So.2d 89 (Fla. 2000);Robinson v. State, 373 So.2d 898 (Fla. 1979); Garrett v. State, 788 So.2d 328 (Fla. 4th DCA 2001), without prejudice to any right appellant has to raise issues concerning the voluntary nature of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant's motion to withdraw plea. McCray v. State, 840 So.2d 274 (Fla. 4th DCA), rev. denied, 851 So.2d 729 (Fla. 2003).
FARMER, C.J., STONE and KLEIN, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.