Jackson v. State

Full title: MICHAEL JACKSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Mar 25, 2015

190 So. 3d 98 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D14–3652.

03-25-2015

Michael JACKSON, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. No appearance for appellee.

PER CURIAM.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

No appearance for appellee.

Opinion

PER CURIAM.

Affirmed. Our affirmance is without prejudice to appellant challenging the voluntariness of his plea through a timely collateral motion. See Fla. R. Crim. P. 3.850.¹

1 We decline to consider the trial court's order denying appellant's motion to withdraw plea because it was entered after the notice of appeal was filed, at which point the trial court lacked jurisdiction to proceed. Also, no notice of appeal places that order before this court. Smith v. State, 113 So.3d 110, 111 (Fla. 5th DCA 2013).

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DAMOORGIAN, C.J., TAYLOR and KLINGENSMITH, JJ., concur.