Opinion
No. 4D09-3095.
March 10, 2010.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Steven J. Levin, Judge; L.T. Case No: 07-896 CFA.
Phillip J. Cruz, Raiford, pro se.
No appearance required for appellee.
The trial court order summarily denying appellant's motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170 is affirmed, without prejudice to appellant's right to refile a timely motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, and for the trial court to consider it in accordance with rule 3.850(d), including its provisions for consideration of evidentiary hearing or record attachments if appropriate.
POLEN, STEVENSON and HAZOURI, JJ., concur.