Legal Opinion

Hines v. State

District Court of Appeal of Florida

Decided March 25, 2010No. 1D08-4655PublishedCited by 1 opinion

1Opinion of the CourtBenton, J.

We reverse the order denying Freddrick Hines’ motion to withdraw plea and remand with directions to dismiss the motion for lack of jurisdiction. Because Mr. Hines had filed a notice of appeal directed to judgment and sentence, the lower court was without jurisdiction to act on his subsequently filed motion to withdraw plea. See Mingo v. State, 914 So.2d 1070, 1070 (Fla. 2d DCA 2005) (“Because Mingo filed his pro se motion to withdraw plea after he filed his notice of appeal, the trial court was without jurisdiction to consider that motion.” (citing Sharp v. State, 884 So.2d 510, 512 (Fla. 2d…

2Cases cited4 opinions

  1. Sharp v. StateDistrict Court of Appeal of Florida · 2004
  2. Wilson v. StateDistrict Court of Appeal of Florida · 2002
  3. Mingo v. StateDistrict Court of Appeal of Florida · 2005
  4. McCray v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Hines v. StateDistrict Court of Appeal of Florida · 2010

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