
    Jose Hernandez GARCIA, Appellant, v. STATE of Florida, Appellee.
    No. 2D02-5359.
    District Court of Appeal of Florida, Second District.
    March 10, 2004.
    James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for appellant.
    Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnés, Assistant Attorney General, Tampa, for appel-lee.
   WHATLEY, Judge.

Jose Hernandez Garcia argues, and the State concedes, that the trial court erred in dismissing his motion to withdraw plea because he filed a notice of appeal before the court ruled on his motion. Florida Rule of Appellate Procedure 9.020(h)(3) provides in pertinent part that a pending motion to withdraw plea “shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.”

Accordingly, we reverse the order dismissing Garcia’s motion to withdraw plea and remand with directions for the trial court to rule on said motion.

Reversed and remanded with directions.

ALTENBERND, C.J., and NORTHCUTT, J., concur.  