Walker v. State

Full title: Albert WALKER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Oct 26, 2016

203 So. 3d 192 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D16–434.

10-26-2016

Albert WALKER, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. No appearance for appellee.

PER CURIAM.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

No appearance for appellee.

PER CURIAM.

We grant counsel's motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and affirm appellant's convictions and sentences. Leonard v. State, 760 So.2d 114 (Fla.2000) ; Maddox v. State, 760 So.2d 89 (Fla.2000) ; Robinson v. State, 373 So.2d 898 (Fla.1979). Affirmance is without prejudice for appellant to raise issues concerning the voluntariness of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant's subsequently-filed pro se motion to withdraw plea. Copeland v. State, 867 So.2d 643 (Fla. 4th DCA 2004) (citing McCray v. State, 840 So.2d 274, 275 (Fla. 4th DCA 2003) ).

Affirmed

MAY, DAMOORGIAN and LEVINE, JJ., concur.