84 So. 3d 396
Fla. Dist. Ct. App.2012Background
- Golden charged with aggravated battery with a deadly weapon; he pled nolo contendere on Feb 25, 2010 and received five years' probation.
- The written probation order was entered March 5, 2010 (nunc pro tunc to Feb 25, 2010).
- Golden filed a pro se motion to withdraw his plea on March 31, 2010; the court denied and struck it on April 13, 2010 for insufficiency and lack of counsel withdrawal.
- Golden's counsel adopted the pro se motion; hearings on the motion were held April 29 and May 6, 2010, with the State eventually stipulating and the court granting the motion to withdraw plea.
- On June 18, 2010, the State amended the information; after trial, Golden was convicted of felony battery with great bodily harm and aggravated assault with a deadly weapon, receiving concurrent 48-month sentences.
- The State and Golden challenged the timeliness and authority of the withdrawal of plea, triggering the Rule 3.170(l) jurisdictional deadline analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the motion to withdraw plea timely under Rule 3.170(l)? | Golden | Golden's counsel argued timely filing within 30 days after sentence rendering. | Untimely; jurisdictional deadline missed; no revival by later filings. |
| Did the trial court lack authority to grant the untimely motion to withdraw plea? | Golden | The court could grant upon timely basis and State stipulation. | Yes; once 3.170(l) deadline expired, court lacked authority to grant withdrawal. |
Key Cases Cited
- Gafford v. State, 783 So.2d 1191 (Fla. 1st DCA 2001) (30-day jurisdictional limit of 3.170(l) is mandatory)
- State v. Schafer, 583 So.2d 374 (Fla. 4th DCA 1991) (cannot confer jurisdiction by waiver after deadline)
- State v. Craven, 955 So.2d 1182 (Fla. 4th DCA 2007) (adopted pro se motions relate back to adoption date, not original filing)