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Huff v. State

District Court of Appeal of Florida, Third District
Sep 6, 2006
937 So. 2d 258 (Fla. Dist. Ct. App. 2006)

Opinion

Nos. 3D06-270, 3D05-3000.

September 6, 2006.

Appeal from the Circuit Court, Monroe County, Wayne Miller, J.

Bennett H. Brummer, Public Defender, and Colleen Brady Ward, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before RAMIREZ, ROTHENBERG, and LAGOA, JJ.


In this consolidated appeal, Richard M. Huff appeals his final judgment of conviction and sentence in case number 3D05-3000 and the denial of his motion to withdraw plea entered on a probation violation charge in case number 3D06-270. We affirm Huffs final judgment of conviction and sentence, but reverse the denial of his motion to withdraw plea because the trial court was without jurisdiction to rule on the motion.

Huff filed an appeal of his final judgment of conviction and sentence on September 23, 2005. Two days later, he filed a Motion to Withdraw Plea and Request for Evidentiary Hearing and Appointment of Conflict-Free Counsel which the trial court subsequently denied.

Because Huff filed his motion during the pendency of his direct appeal from the final judgment of conviction and sentence, the trial court lacked jurisdiction to consider or rule on the motion to withdraw plea. See Sharp v. State, 884 So.2d 510, 512 (Fla. 2d DCA 2004). We therefore reverse the denial of the motion to withdraw plea with-So.2d 167 (Fla. 2005); Brown v. State, 756 out prejudice to any right Huff may have So.2d 230 (Fla. 3d DCA 2000). to file a rule 3.850 motion for post-conviction relief, and affirm Huff's final judgment of conviction and sentence.

Affirmed in part and reversed in part.


Summaries of

Huff v. State

District Court of Appeal of Florida, Third District
Sep 6, 2006
937 So. 2d 258 (Fla. Dist. Ct. App. 2006)
Case details for

Huff v. State

Case Details

Full title:Richard M. HUFF, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 6, 2006

Citations

937 So. 2d 258 (Fla. Dist. Ct. App. 2006)