Franklin v. State

CRENSHAW, Judge.

Michael Shane Franklin appeals the order striking without prejudice his motion to withdraw plea, filed pursuant to Florida Rule of Criminal Procedure 3.170(i). We reverse and remand for further proceedings because Franklin’s motion should have been treated as a motion for postcon-viction relief under Florida Rule of Criminal Procedure 8.850.

Franklin was sentenced on May 23, 2008. He filed the instant motion, styled as a motion to withdraw plea, on October 15, 2009. The motion was untimely under rule 3.170(i), which requires filing within thirty days after sentencing. The court…