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BOLDEN v. STATE

No. 5D08-718.

10 So.3d 710 (2009)

Joe BOLDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 5, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The facts in this case are virtually identical to the facts in Adams v. State, 942 So.2d 1024 (Fla. 4th DCA 2006). Nine days after the imposition of his sentence, Bolden moved to withdraw his plea. Five days later, and before the motion could be heard, Bolden filed a notice of appeal. The trial court erroneously ruled that it lacked jurisdiction to hear the motion. Id.; see also Smith v. State, ...

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