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McCray v. State

District Court of Appeal of Florida, Fourth District
Jan 22, 2003
840 So. 2d 274 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D01-741.

Opinion filed January 22, 2003. Rehearing Denied April 7, 2003.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; John E. Fennelly and Robert R. Makemson, Judges; L.T. Case Nos. 00-662 CFA, 00-664 CFA, 00-666 CFA, 00-668 CFA 00-670 CFA.

Carey Haughwout, Public Defender, and Nan Ellen Foley, Assistant Public Defender, West Palm Beach, for appellant.

Charlie Crist, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


We affirm as to all issues raised by appellant. In the third issue appellant argues that this case should be remanded to the trial court for a ruling on appellant's motion to withdraw his plea in three separate cases.

The notice of appeal filed in this case divested the trial court of jurisdiction to enter any further rulings, including appellant's motion to withdraw plea. We, accordingly, affirm this issue without prejudice to any right appellant might have to raise this issue in any motion filed pursuant to Florida Rule of Criminal Procedure 3.850. See Wilson v. State, 814 So.2d 1203 (Fla. 2d DCA 2002).

AFFIRMED.

WARNER, SHAHOOD and TAYLOR, JJ., concur.


Summaries of

McCray v. State

District Court of Appeal of Florida, Fourth District
Jan 22, 2003
840 So. 2d 274 (Fla. Dist. Ct. App. 2003)
Case details for

McCray v. State

Case Details

Full title:KEVIS McCRAY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 22, 2003

Citations

840 So. 2d 274 (Fla. Dist. Ct. App. 2003)

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