Legal Opinion

James v. State

District Court of Appeal of Florida

Decided July 29, 2009No. 2D08-2124PublishedCited by 2 opinions

1Opinion of the Court

GALLEN, THOMAS M., Associate Senior Judge.

Joel James appeals the postconviction court’s order denying his motion to withdraw plea without prejudice. We fully agree with the postconviction court’s determination that it lacked jurisdiction to entertain James’s motion pursuant to Florida Rule of Criminal Procedure 3.170(Z) because James failed to file the motion within thirty days after rendition of his sentence. See Gafford v. State, 783 So.2d 1191, 1192 (Fla. 1st DCA 2001) (noting that the time limit under rule 3.170(0 is jurisdictional). We also agree with the postconviction court’s finding…

2Cases cited3 opinions

  1. Gafford v. StateDistrict Court of Appeal of Florida · 2001
  2. Morais v. StateDistrict Court of Appeal of Florida · 1994
  3. Welch v. StateDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. 2D15-1642 / Sanders v. StateDistrict Court of Appeal of Florida · 2016
  2. Feazell v. StateDistrict Court of Appeal of Florida · 2013

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