STALLWORTH v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Victor STALLWORTH, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1849

Decided: February 07, 2020

Victor Stallworth, Perry, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

Victor Stallworth appeals the dismissal of his motion to withdraw plea. Because Stallworth filed a notice of appeal before he moved to withdraw his plea, the trial court properly dismissed the motion, as it lacked jurisdiction to consider the matter. See Kearse v. State, 858 So. 2d 1247 (Fla. 5th DCA 2003).

AFFIRMED.

PER CURIAM.

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

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