MARCIE W. SKINNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant who pleads nolo contendere without reserving the right to appeal waives all appealable issues except those that occurred contemporaneously with the plea, and failure to seek withdrawal of the plea in the trial court deprives the appellate court of jurisdiction.
Appellant was convicted of robbery upon a nolo contendere plea. He appealed, raising issues about his competency at the time of the plea. His counsel …
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SHARP, Judge.
Skinner appeals from a judgment adjudicating him guilty of robbery. The public defender filed an Anders1 motion and brief, requesting leave to withdraw as counsel for appellant. Appellant filed a pro se brief in which he questioned the validity of his plea due to his possible incompetency at the time the plea was entered.
The appellant pled nolo contendere and failed to reserve his right to appeal any issue. By so doing appellant waived his right to appeal all matters relating to the judgment except certain appealable issues which might have occurred contemporaneously with the entry of the plea. Fla.R. App.P. 9.140(b)(1); Fla.R.Crim.P. 3.172(c)(iv). See Robinson v. State, 373 So. 2d 898 (Fla.1979). This limited class of issues set out in Robinson includes “the voluntary and intelligent character of the plea.” However, Robinson provides that an appeal from a guilty plea should never be a substitute for a motion to withdraw a plea and such issues should first be presented to the trial court. This court has held that the same principle applies to a plea of nolo contendere entered without a reservation of the right to appeal. In the Interest of: S. C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980).
Appellant did not seek to withdraw his plea before the trial court. Therefore, we have no jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed without prejudice to appellant to seek appropriate collateral relief in the trial court. Gastineau v. State, 398 So. 2d 492 (Fla. 5th DCA 1981); In the Interest of: S. C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980); Johnson v. State, 388 So. 2d 621 (Fla. 5th DCA 1980).
The public defender’s motion to withdraw is hereby granted.
DISMISSED.
ORFINGER and COWART, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- In the Interest of: S. C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980)
- Johnson v. State, 388 So. 2d 621 (Fla. 5th DCA 1980)
- Commercial Air Transp. Sales Corp. v. Lundberg, 398 So. 2d 492 (Fla. 3d DCA 1981)
- Miami Nat'l Bank v. Mikanto Constr. Corp. & Magnus Constr. Corp., 398 So. 2d 492 (Fla. 3d DCA 1981)