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109 So. 3d 1183
Fla. Dist. Ct. App.
2013
SILBERMAN, Chief Judge.

Gregorio Ruiz seeks review of his judgment and sentence for attempted sexual battery and sexual activity with a child by a person in familial or custodial authority which was entered pursuant to a negotiated plea. Although Ruiz filed a timely pro se motion to withdraw plea after sentencing pursuant to Florida Rule of Criminal Procedure 8.170(0, the motion is a nullity because it was filed while Ruiz was still represented by counsel and was devoid of allegations giving rise to an adversarial relationship with counsel. See Sheppard v. State, 17 So.3d 275, 286 (Fla.2009). Because Ruiz has not properly preserved any challenges to his plea, we affirm.

Affirmed.

KELLY and SLEET, JJ„ Concur.

Case Details

Case Name: Ruiz v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 22, 2013
Citations: 109 So. 3d 1183; 2013 Fla. App. LEXIS 4753; 2013 WL 1165064; No. 2D12-1040
Docket Number: No. 2D12-1040
Court Abbreviation: Fla. Dist. Ct. App.
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