Curtis v. State

DAVIS, Judge.

Lloyd Curtis appeals the summary denial of his motion to withdraw plea filed under Florida Rule of Criminal Procedure 3.170(0- We reverse the postconviction court’s denial and remand for further proceedings.

A motion to withdraw plea under rule 3.170(0 must be filed within thirty days after rendition of the sentence. According to Curtis, he provided his motion to officials at Manatee County Jail on June 2, 2011, fewer than thirty days after his May 19, 2011, sentencing. However, the trial court did not receive the motion until November 1, 2011, when Curtis attached it to a letter…