Garcia v. State
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, J.
In this Anders1 appeal, Eric I. Garcia seeks review of an order denying his motion to withdraw his plea after sentencing.
Garcia’s motion to withdraw his plea was untimely, as it was filed more than thirty days after rendition of the sentence. See Fla. R.Crim. P. 3.170(0- As explained in Gafford v. State, 783 So.2d 1191 (Fla. 1st DCA 2001), the failure to file a timely motion to withdraw a plea waives appellate review of issues related to the plea, and the defendant must seek relief by filing a timely rule 3.850 motion. See Griffin v. State, 114 So.3d 890, 899 (Fla.2013) (“A number of district…
2Cases cited6 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Gafford v. StateDistrict Court of Appeal of Florida · 2001
- Griffin v. StateSupreme Court of Florida · 2013
- Weidner v. StateDistrict Court of Appeal of Florida · 2000
- McKnight v. StateDistrict Court of Appeal of Florida · 2007
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