[DOWNLOAD] "Lepper v. State" by Florida Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Lepper v. State
- Author : Florida Court of Appeals
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
John R. Lepper appeals an order disposing of a motion that the trial court had no authority to consider. At an earlier time, this court decided to treat this case as an appeal from an order denying a motion filed pursuant to rule 3.850. In the motion Mr. Lepper claimed that his plea was unknowing and involuntary because it was based on erroneous advice of counsel. On its own motion, this court concludes that the trial court order is void and that the relevant motion cannot be treated as if it were a post-conviction motion. Cf. Polk County v. Sofka, 702 So. 2d 1243 (Fla. 1997) (finding that if a courts lack of jurisdiction becomes apparent at any stage of proceedings, court is bound to enter appropriate order remedying defect); Bothwell v. State, 450 So. 2d 1150 (Fla. 2d DCA 1984) (finding trial court lacked jurisdiction to enter order awarding costs on untimely motion, thus order was void). We conclude that the void order should be stricken and this appeal dismissed without prejudice to Mr. Leppers right to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850.