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Kazi v. State

Florida Court of Appeals, Fifth District
Apr 28, 2023
359 So. 3d 1262 (Fla. Dist. Ct. App. 2023)

Opinion

Case No. 5D22-2521.

04-28-2023

Safir S. KAZI, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz , Public Defender, and Joseph Chloupek , Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody , Attorney General, Tallahassee, and Richard A. Pallas, Jr. , Assistant Attorney General, Daytona Beach, for Appellee.


Matthew J. Metz , Public Defender, and Joseph Chloupek , Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Richard A. Pallas, Jr. , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, we affirm the judgment and sentence imposed by the trial court. However, as raised in the Appellant's brief, we remand for the lower court to strike Appellant's motion to withdraw plea and the order on the motion, both of which were filed after Appellant filed his notice of appeal. See Payet v. State, 357 So.3d 172 (Fla. 5th DCA 2022) (affirming judgments and sentences in Anders appeal but remanding with instructions for trial court to strike the defendant's motion to withdraw plea and the order on the motion that were both filed subsequent to the notice of appeal).

Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED; REMANDED with directions to strike Appellant's motion to withdraw plea and the order entered on the motion that were both filed after his notice of appeal.

EDWARDS, JAY and BOATWRIGHT, JJ., concur.


Summaries of

Kazi v. State

Florida Court of Appeals, Fifth District
Apr 28, 2023
359 So. 3d 1262 (Fla. Dist. Ct. App. 2023)
Case details for

Kazi v. State

Case Details

Full title:SAFIR S. KAZI, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Apr 28, 2023

Citations

359 So. 3d 1262 (Fla. Dist. Ct. App. 2023)