Smith v. State38 Fla. L. Weekly D1100a (Fla. 5th DCA May 17, 2013):  once a notice of appeal is filed, the trial court does not have jurisdiction to decide a subsequently filed motion to withdraw plea.  See Gafford v. State, 783 So. 2d 1191, 1192 (Fla. 1st DCA 2001) (holding the thirty day time limit under Rule 3.170(l) is jurisdictional). Reversed and remanded with directions to vacate the order and dismiss it as untimely, without prejudice to any right he may have to seek postconviction relief through a timely rule 3.850 motion. Id. (“Failure to file a motion to withdraw the plea within 30 days waives the issue for appellate review, and the defendant is limited to filing a motion pursuant to Florida Rule of Criminal Procedure 3.850.”).

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