NAVARRO v. STATE (2024)

District Court of Appeal of Florida, Second District.

Allon NAVARRO, Appellant, v. STATE of Florida, Appellee.

No. 2D23-974

Decided: April 03, 2024

Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Allon Navarro challenges his judgment and sentence for driving while license suspended or revoked (second or subsequent offense). While we affirm Navarro's judgment and sentence, we remand with directions for the trial court to withdraw its earlier order denying Navarro's pro se motion to withdraw plea and to instead enter an order dismissing the motion. See Mingo v. State, 914 So. 2d 1070, 1070 (Fla. 2d DCA 2005) (explaining that where appellant filed his pro se motion to withdraw plea after he filed his notice of appeal, the trial court lacked jurisdiction to consider the motion and should have dismissed rather than denied it). Our affirmance is without prejudice to Navarro's right to file a motion pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed; remanded with directions.

PER CURIAM.

SILBERMAN, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network