BROWN v. STATE (2024)

District Court of Appeal of Florida, First District.

Antwann D. BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D2023-0888

Decided: September 11, 2024

Jessica J. Yeary, Public Defender, and Tyler Kemper Payne, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Appellant simultaneously filed both a timely motion to withdraw plea with the trial court and a notice of appeal. The trial judge entered an order dated April 19, 2023, holding the motion to withdraw plea in abeyance “until the First District Court of Appeal has considered whether the Defendant's notice of appeal was improperly filed.” However, pursuant to Florida Rule of Appellate Procedure, 9.020(h)(2)(1)(I), a motion to withdraw plea after sentencing tolled rendition of the order. Thus, if a notice of appeal is filed before rendition of an order disposing of all such motions, the appeal must be held in abeyance until the motions are either withdrawn or resolved by the rendition of an order disposing of the last such motion. See Fla. App. R. Rule 9.020(h)(2)(C).

We remand for the trial judge to rule on Appellant's motion to withdraw plea, during which time this appeal will be held in abeyance.

Remanded.

Per Curiam.

Lewis, Rowe, and M.K. Thomas, JJ., concur.

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