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HART v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Brosnan Pearson HART, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3542

Decided: August 24, 2018

James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

Brosnan Pearson Hart appeals the trial court's order denying his motion to withdraw his guilty pleas following sentencing, pursuant to Florida Rule of Criminal Procedure 3.170(l ). Hart argues that the lower court erred by ruling on his pro se motion, rather than the subsequent motion prepared by his appointed counsel. We agree, but affirm because the error was harmless. The pro se motion and the motion prepared by counsel were substantially the same. Hence, Hart was not prejudiced by the trial court's ruling on the pro se motion.

AFFIRMED.

PER CURIAM.

COHEN, C.J., ORFINGER and EDWARDS, JJ., concur.

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HART v. STATE (2018)

Docket No: Case No. 5D17-3542

Decided: August 24, 2018

Court: District Court of Appeal of Florida, Fifth District.

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