FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-1768
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KHALIL FLOZEL TAYLOR,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Mark W. Moseley, Judge.
January 7, 2019
PER CURIAM.
Appellant simultaneously filed both a timely motion to
withdraw plea, and a notice of appeal. The trial judge dismissed
the motion, reasoning that the filing of the notice of appeal
divested him of jurisdiction over the motion. The State concedes
error. We agree with the State’s analysis, and reverse and
remand for the trial judge to rule on Appellant’s motion to
withdraw plea, during which time this appeal will be held in
abeyance. See Fla. R. App. P. 9.020(i)(3) (if a timely-filed motion
to withdraw plea under rule 3.170(l) is pending and a notice of
appeal is filed before the filing of a signed, written order
disposing of the motion to withdraw plea, the appeal shall be held
in abeyance until the filing of an order disposing of the motion);
Davis v. State, 763 So. 2d 519 (Fla. 5th DCA 2000) (finding trial
court retains jurisdiction to consider a motion to withdraw plea,
filed simultaneously with notice of appeal); see also Adams v.
State, 942 So. 2d 1024 (Fla. 4th DCA 2006) (finding trial court
retains jurisdiction to decide timely motion to withdraw plea that
is pending when notice of appeal is filed).
REVERSED and REMANDED.
LEWIS, KELSEY, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Lori A. Willner, Assistant
Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Frank Xavier Moehrle,
Jr., Assistant Attorney General, Tallahassee, for Appellee.
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