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GARCIA v. STATE

No. 2D02-5359.

867 So.2d 618 (2004)

Jose Hernandez GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 10, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for appellee.

WHATLEY, Judge.

Jose Hernandez Garcia argues, and the State concedes, that the trial court erred in dismissing his motion to withdraw plea because he filed a notice of appeal before the court ruled on his motion. Florida Rule of Appellate Procedure 9.020(h)(3) provides in pertinent part that a pending motion to withdraw plea "shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated...

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