Smith v. State

Stephen Smith appeals the trial court’s March 20, 2012 order dismissing his motion to withdraw plea after sentencing and the April 11, 2012 order denying his second motion to withdraw plea after sentencing.1 He argues the trial court erred when it summarily denied his motions without affording him a hearing. We find no error in the dismissal of Smith’s first motion to withdraw plea, filed on March 3, 2012, because the trial court lacked jurisdiction to entertain the motion during the pendency of his direct appeal.2 See Kearse v. State, 858 So.2d 1247, 1248 (Fla. 5th DCA 2003) (once a notice…