Hunt v. State

We redesignate the instant case as the appeal of an order denying a motion to withdraw plea pursuant to rule 3.170(i), Florida Rules of Criminal Procedure. The trial court erred in treating it as a rule 3.850 motion because it was not filed within thirty days after sentencing, where sentencing occurred on February 5, 1998, and the motion was notarized by Department of Corrections personnel twenty-eight days later, on March 5, 1998. See Rector v. State, 668 So.2d 1104 (Fla. 4th DCA 1996); Olkewicz v. State, 633 So.2d 1132 (Fla. 4th DCA 1994). Moreover, the motion was date-stamped by the…