CHARLES EDDIE BRIDGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Charles Eddie Bridges was convicted in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, of the crime of burglary. He seeks appeal of his conviction to this Court pursuant to Article V, Section 3(b)(1), Florida Constitution, because the trial court, in denying a motion to dismiss, passed upon the constitutionality of the burglary statute. However, the judgment of conviction was entered pursuant to a plea of guilty. A defendant who pleads guilty to a charge cannot appeal his conviction, even though he has raised a constitutional issue. A voluntary plea of guilty in a criminal case waives all defects other than jurisdiction. State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936); Siders v. State, 342 So. 2d 1013 (Fla. 4th DCA 1977). The exception for jurisdictional defects assures that appellate review can always be had where a judgment is based on a charging instrument that wholly fails to charge an offense, Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA 1971), or where a court imposes an illegal sentence. Ex parte Bosso, 41 So. 2d 322 (Fla.1949); Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973).
The appeal is dismissed. See Robinson v. State, 373 So. 2d 898 (Fla.1979).
It is so ordered.
ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur. ADKINS, J., dissents with an opinion.
ADKINS, Justice,
dissenting.
I dissent.
It is elementary that parties cannot by agreement between themselves confer jurisdiction upon a court; nor can jurisdiction arise by virtue of inadvertence of the parties or their counsel; nor can jurisdiction arise by waiver. If a defendant is charged with the violation of an unconstitutional criminal statute, no court has jurisdiction of the offense. A defendant has the right as a matter of law to have his judgment of conviction reviewed by this Court, when he attacks the validity of the statute, even though he pled guilty. See Ramey v. State, 199 So. 2d 104 (Fla. 2d DCA 1967).
I would entertain the appeal.
Cases With Similar Vibessemantic neighbors from the corpus
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Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)…held that appellate review is always available where a court has imposed an illegal sentence, even if the judgment and sentence have resulted from a guilty plea. See Robbins v. State, 413 So. 2d 840, 841 (Fla. 3d DCA 1982) (citing Bridges v. State, 376 So. 2d 233 (Fla.1979)); see also Chikitus v. Shands, 373 So. 2d 904 (Fla.1979); Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973). Based on the foregoing and principally based on Jackson, appellant collaterally attacks the voluntariness of plea. However, h…
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Gray v. State, 404 So. 2d 388 (Fla. 5th DCA 1981)…uld appear to be “fundamental” 4 [*392] and not subject to the contemporaneous objection rule. Additionally, the exception for jurisdictional defects5 allows appellate review where a charging instrument fails to charge an offense. Bridges v. State, 376 So. 2d 233 (Fla. 1979). Thus, even though a defendant may have entered a plea of guilty, where the information wholly fails to charge a crime against the defendant, it is void and must be set aside. Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA 1971). Altho…
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Robbins v. State, 413 So. 2d 840 (Fla. 3d DCA 1982)…so as to properly preserve the point for appeal. This contention is erroneous. Appellate review is always available where a court has imposed an illegal sentence, even if the judgment and sentence have resulted from a guilty plea. Bridges v. State, 376 So. 2d 233 (Fla.1979); see also Chikitus v. Shands, [*842] 373 So. 2d 904 (Fla.1979). And, where fundamental error (such as a sentence which exceeds the lawful limit) appears on the record, it is reviewable by this court despite the failure of the appellant to…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)
- Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA 1971)
- State v. Frederick, 124 Fla. 290 (Fla. 1936)
- Sonz v. Rose-Marie, 41 So.2d 322 (Fla. 1949)
- Ramey v. State, 199 So. 2d 104 (Fla. 2d DCA 1967)
- Siders v. State, 342 So. 2d 1013 (Fla. 4th DCA 1977)