BULLOCK v. STATE

No. 1D03-2312.

879 So.2d 645 (2004)

Milton BULLOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 24, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Shasta W. Kruse and Karen M. Holland, Assistant Attorney Generals, Tallahassee, for Appellee.


PER CURIAM.

Appellant seeks review of an order of the trial court striking his motion to withdraw plea filed pursuant to Rule 3.170(1), Florida Rules of Criminal Procedure. The State acknowledges that the trial court erred by striking appellant's motion. On the procedural facts of the present case, the notice of appeal filed by appellant, some five days after the timely motion to withdraw a plea, did not automatically divest the trial court of jurisdiction to consider...

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