Jeffrey Sundwall v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 12, 2020
Docket3D19-2462
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 12, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2462
Lower Tribunal Nos. 17-160-A-K, 17-314-A-K, 17-164-A-K
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Jeffrey Ray Sundwall,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Jeffrey Ray Sundwall, in proper person.
Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney
General, for appellee.
Before SALTER, FERNANDEZ, and HENDON, JJ.
HENDON, J.
Jeffrey Sundwall appeals from the trial court’s dismissal of his motion to
withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(l). The
dismissal was without prejudice to allow Sundwall to seek relief through a timely
rule 3.850 motion. A review of the record conclusively shows that Sundwall’s
motion to withdraw his plea was untimely filed. See Fla. R. Crim. P. 3.170(f) and
(l). We therefore affirm the trial court's order. See McKnight v. State, 964 So. 2d
803, 804 (Fla. 3d DCA 2007) (holding that failure to file a motion to withdraw the
plea within 30 days of sentencing waives the issue for appellate review, and the
defendant is limited to filing a motion pursuant to Florida Rule of Criminal
Procedure 3.850) (citing Gafford v. State, 783 So. 2d 1191, 1192 (Fla. 1st DCA
2001)).
Affirmed.
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